Deepak Kumar Sharma And ANR v. Arti Sharma And ORS

Patna High Court C.Misc. No.345 of 2016 (2) dt.27-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.345 of 2016 ====================================================== Deepak Kumar Sharma & Anr .... .... Appellant/s

Versus

Arti Sharma & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dhananjay Kumar Upadhyay For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-06-2016 Heard the learned counsel, Mr. Sanjay Kumar for the petitioners.

By the order dated 03.05.2016, the learned Sub Judge IV, Munger allowed the plaintiffs-respondents to withdraw Title Suit No.81 of 1973 under Order 23 Rule 1 C.P.C. and thus, dismissed the suit as withdrawn.

Since there is no provision in C.P.C. to insist a person, who has filed the suit, to proceed even if he desires to withdraw the suit itself. Moreover, in the present case, no liberty has been granted to the plaintiff to institute another suit. In such view of the matter, I do not find any reason to interfere with the impugned order whereby the plaintiffs were permitted to withdraw their suit.

Thus, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T