SUSHINDRA MOHAN GUHA, J.

( 1 ) THIS application for revision is directed against the order dated 5th of March, 1980 passed by the learned Munsif, Garbeta, District Midnapore, in Title Suit No. 135 of 1979 refusing to permit the plaintiff-petitioner to withdraw from the suit

( 2 ) THE Title Suit No. 135 of 1979 was instituted by the petitioner as plaintiff against the opposite parties for declaration of title and injunction.

( 3 ) AT the time of settlement operation prepared under the W. B. Land Reforms Act the name of the petitioner was duly recorded and at that time the lands were in her own cultivation. The defendants at the instigation of others claimed the right of bargadar and in fact, while opposing the application under Order 39. Rule 1, C. P. C. they claimed to be the bargadars. It was also pointed out that Opposite Party No. 1 belonged to a Scheduled Tribe.

( 4 ) SECTION 53a of the W. B. Land Reforms Act provides that the Revenue Officer will be a necessary party in a suit in which one of the parties is a member of any Scheduled Tribe. In this view of the matter, on the date of hearing of the application for injunction the petitioner filed an application for withdrawing

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