I have already heard the learned Senior Counsel Mr. Chitranjan Sinha for the petitioner and the learned counsel Mr. Madhuresh Prasad for the respondents.

2. This civil miscellaneous application has been filed by the defendant-petitioner under Article 227 of the Constitution of India for setting aside the order impugned dated 27.08.2016 passed by Subordinate Judge-I at Danapur, Patna in Title Suit No.2658 of 2015 whereby the learned trial court has allowed the application of the plaintiff-respondent no.1 under Order 23 Rule 1(3) C.P.C. and permitted the plaintiff-respondent to withdraw the suit and file a fresh suit.

3. From perusal of the record, it appears that the plaintiff-respondent filed the aforesaid suit praying for the relief that on adjudication of the facts stated in the plaint it be declared that the plaintiff is an authorized dealer of defendant no.1 (Company) in view of the agreement and further to grant a decree in favour of the plaintiff declaring the notice of termination of dealership and notice dated 30.07.2015 invalid and further prayed that if there is any difficulty in granting relief no.(ii), actual loss may be assessed. The plaintiff also prayed for inju