BIJIT KUMAR BANIK Vs. KALYANI DEB

JUDGEMENT

(1.) None appears for the parties to the lis.

(2.) The present petition has been filed in the year 2019. It reveals that the plaintiff instituted a suit for declaration and recovery of possession. The defendant No. 5, the petitioner herein, contested the suit by filing written statement. The plaintiff also submitted some documents in favour of the plaint case. During pendency of the suit, the plaintiff had filed a petition under Order-XXIII, Rule-1 for withdrawal of the suit. The defendant No. 5 filed an objection to such prayer of the plaintiff for withdrawal of the suit with the prayer to return the documents which he submitted along with plaint. The learned Civil Judge, Sr. Division, Agartala, West Tripura, Court No. 1, had allowed the withdrawal of the suit with further liberty to return the documents which the plaintiff had submitted along with the plaint vide order dated 15.03.2019 in T.S. 78 of 2017.

(3.) By this revision petition, the defendant No. 1 has challenged the said order dated 15.03.2019 passed in T.S. 78 of 2017 permitting the plaintiff to withdraw the suit along with an order to return the documents to the plaintiff. I have minutely perused the order dated 15.03.2019 which is reproduced herein below: