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SUBBA REDDY SATTI
Suddapalli Brahmendra Rao, S/o. Singaiah – Appellant
Versus
Pittala Anjaneyulu @ Anjaiah, S/o. Peda Kondaiah – Respondent
ORDER :
1. Plaintiff, in the suit filed the above revision against the order dated 26.07.2022 passed in I.A.No.895 of 2022 in O.S.No.256 of 2014 on the file of learned Principal Junior Civil Judge, Ongole.
2. Plaintiff filed suit O.S.No.895 of 2022 against the defendant for recovery of possession of suit schedule property by directing the defendant to remove the structures shown as “A-1” in the plaint plan and for consequential injunction.
3. In the plaint, it was contended, inter alia, that suit schedule property is ancestral property of the plaintiff. Father of the plaintiff, Suddapalli Singaih settled the property in favour of the plaintiff and his brother Tirumala Rao under registered settlement deed dated 14.08.2014 under document No.7504 of 2014 with absolute rights. Brother of the plaintiff is staying in USA. Plaintiff is looking after all the affairs of his brother. Father of the plaintiff gifted Ac.0-05 cents of site to the Panchayat for construction of school building to the West of the plaint schedule property and a building was also constructed. Plaintiff, being employee is working at Hyderabad. Father of the plaintiff went to Hyderabad and stayed there for two weeks. A
The court established that withdrawal of a suit under Order XXIII Rule 1 requires the court to be satisfied with the grounds for allowing a fresh suit on the same cause of action.
Court has discretion to permit withdrawal of a suit under CPC, but must ensure sufficient grounds exist; mere counsel error does not qualify if it alters the suit's essence.
The court ruled that plaintiffs can withdraw a suit with permission to file a fresh suit if sufficient grounds for withdrawal exist, overriding trial court's error in denying such permission.
Under CPC Order 23 Rule 3, withdrawal of a suit is permissible for formal defects, allowing plaintiffs to file a fresh suit to ensure justice is served.
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