This Civil Revision Petition is filed against order dated 21.01.2012 in I.A.No.727 of 2011 in O.S.No.203 of 2008 on the file of the learned Principal Junior Civil Judge, Proddatur. The petitioner filed the above-mentioned suit for permanent injunction against the respondent. After completion of the evidence on his side and after the cross-examination of DW.1, the petitioner came up with the above-mentioned application seeking permission of the Court to withdraw the suit with liberty to file a fresh suit for declaration of title and other reliefs. This application is dismissed by the trial Court.

Under Order XXIII Rule 3 of CPC., the plaintiff can be permitted by the Court to withdraw the suit with liberty to file a fresh suit if one or both of the following requirements is/are satisfied, i.e., “(a) that a suit must fail by reason of some formal defect, or (b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of a suit or part of a claim.”

It is not the pleaded case of the petitioner that the suit suffers from formal defect as envisaged under sub-clause (a) reproduced above. In order to fall under sub-clause (b), t