ORDER :

1. Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. B.K. Das for the respondent Nos.1 to 6.

2. This revision petition is directed against the Order dated 20.11.2018 passed by the Munsiff No.1, Tezpur, Sonitpur by which the respondents have been allowed to withdraw the suit, with liberty to file afresh.

3. The petitioner’s counsel submits that after filing of the written statement by the petitioner, the respondents realized that there were formal defects in their pleadings and accordingly, have now tried to rectify the same by withdrawing the suit and by filing a suit afresh. He submits that the same should not be allowed.

4. In the case of V. Rajendran And Anr. Vs. Annasamy Pandian (D) Thr. Lrs. Karthyayani Natchiar, reported in (2017) 5 SCC 63, the Apex Court has held at paragraph Nos. 10 and 11 as follows:-

“10. As per Order XXIII Rule 1(3) CPC, suit may only be withdrawn with permission to bring a fresh suit when the Court is satisfied that the suit must fail for reason of some formal defect or that there are other sufficient grounds for allowing the plaintiff to institute a fresh suit. The power to allow withdrawal of a suit is discretionary. In the