Shashi Kant Thakur v. Amar Kant Jha And ORS

Patna High Court C.Misc. No.20 of 2017 (2) dt.18-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.20 of 2017 ====================================================== Shashi Kant Thakur .... .... Petitioner/s

Versus

Amar Kant Jha & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Baidya Nath Thakur For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-01-2017 Heard the learned counsel, Mr. Baidya Nath Thakur for the petitioner.

Perused the impugned order dated 24.08.2016 passed by 2nd Munsif, Darbhanga in Title Suit No.37 of 2012 whereby the learned Court below has permitted the plaintiffs-respondents to withdraw the suit.

Since the plaintiffs-respondents are withdrawing the suit simplicitor without seeking leave to file another suit on the same ground, there is no provision in C.P.C. that the court should compel the plaintiff to fight the suit. According to Order 23 Rule 1 C.P.C., the plaintiff can abandon his claim at any stage. Thus, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction and accordingly, this civil miscellaneous application is dismissed.

Patna High Court C.Misc. No.20 of 2017 (2) dt.18-01-2017 The petitioner may pursue his remedy in appropriate forum by initiating appropriate proceeding.

(Mungeshwar Sahoo, J) Saurabh/- U T