BIJAY SAHA Vs. MANOJ KUMAR

JUDGEMENT

(1.) Instant civil misc. application has been preferred on behalf of the petitioner for setting aside the order dtd. 12/6/2019, passed by learned Sub Judge I, Patna in Title Suit No. 133 of 2018, whereby through he has allowed the petition of the petitioner to withdraw the suit, but has refused the liberty to institute a fresh suit to the plaintiff/petitioner or their successors in interest for the same ground with respect to the suit properties.

(2.) Learned counsel for the petitioner submits that Title Suit No. 133 of 2018 was filed by the petitioner as plaintiff No. 2 in which pro forma respondent No. 6 was plaintiff No. 1. Although the late r is lunatic. In the aforesaid title suit, following relief was sought for:

(3.) During course of proceeding of the suit, petitioner filed an application under Order 23 Rule 1(iii) of CPC. On the basis of that petition, after hearing both the parties, the suit was finally dismissed as withdrawn but leave to file a fresh suit on the same ground with respect to the suit property by the plaintiff/petitioner or their successors-in-interest was not granted. Being aggrieved with the said order, the present Civil Misc. has been preferred by the petitioner/plaintiff.