Vijay Kumar Shudhanshu And ANR v. Navin Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

TEST SUIT No.2 of 2018 ====================================================== Vijay Kumar Shudhanshu and Anr ... ... Petitioner/s

Versus

Navin Kumar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar, Adv.

Mr.Naresh Prasad, Adv.

For the Respondent/s :

Mr.Dilip Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2022 Mr. Sudhir Kumar, learned counsel appearing for the plaintiff submits that a lot of amendment will be required in the plaint inasmuch as at the time of filing of the original petition before this Court certain relevant facts could not be inserted and stated in the plaint. Accordingly, he seeks permission to withdraw the present Test Suit with liberty to file a fresh Suit in accordance with law.

Mr. Dilip Kumar, learned counsel for the defendants does not have any objection.

In view of the fact that the Suit is at its preliminary stage and both the parties have agreed, learned counsel for the plaintiff is granted permission to withdraw the Suit with liberty to file fresh Suit in accordance with law.

Accordingly, the Test Suit No. 2 of 2018 is dismissed

Patna High Court TEST SUIT No.2 of 2018(21) dt.14-11-2022 2/2 as withdrawn with the aforesaid liberty.

Office is directed to return the original copy of the Will to learned counsel for the plaintiff after substituting it by certified copy of the said Will.

(Anil Kumar Sinha, J) praful/- U