This is an appeal against the appellate judgment and order dated 22.3.96 passed by the learned District Judge, West Tripura in Title Appeal No.30 of 1994 arising out of judgment and decree dated 21.2.94 passed by the learned Munsiff, Khowai, West Tripura in Title Suit No. 30 of 1990.

2. The only point for determination in the present appeal is in respect of the power of the trial Court in imposing conditions while allowing the plaintiff to withdraw from the suit with liberty to bring a fresh suit under sub-rule (3) of rule 1 of Order XXIII CPC. The point involved in this appeal being only a question of law, the learned counsel on both sides have submitted to the Court for disposal of the present appeal at the stage of admission without even calling for the records from the Courts below and as such I am inclined to 'dispose of the present appeal at this stage.

3. Facts which are necessary for disposal of the present appeal are that the plaintiff (respondent No. 1 in this appeal) brought a suit being Title Suit No.7 of 1988 of the Court of Munsiff, Khowai, West Tripura, against the present appellant No. 1 and the proforma respondent Nos.2 and 3 as defendants for title over the suit lan

Click Here to Read the rest of this document