IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1398 of 2007
Kripa Nath Jha & Ors
Versus
Shankar Jha & Anr
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5 21-7-2011 Heard the learned counsel appearing on behalf of
the petitioners.
By the impugned order the court below has rejected
the prayer of the petitioners to withdraw the suit under Order
23 Rule 1 C.P.C. with liberty to file a fresh suit. The plaintiff-
petitioners had submitted in the court below that they had
filed the suit in the representative capacity, but had failed to
obtain the permission,as required under Order 1 Rule 8 C.P.C.
and therefore in view of this technical lacuna, they sought to
withdraw the suit.
The learned court below has recorded a finding that
this suit has been filed by the plaintiffs with regard to their
claim over Plot No. 2013 which has been recorded as
‘Gairmazura Khas’ in the record of right. It has been further
found by the court below in the impugned order that earlier
the plaintiff-petitioners had unsuccessfully moved before the
High Court in C.R.No. 288 of 2005. On the basis of these
facts the learned court below has rejected the prayer of the
plaintiff-petitioners.I do not find any jurisdictional error or
2
illegality in the impugned order.
The revision application is, accordingly, dismissed.
( V. Nath, J.)
roy