1. Petitioner has filed present revision petition against the order of court below thereby challenging the order dated 3.12.2015, by virtue of which his application filed under order 23 Rule 1 (3) CPC for withdrawal of suit with permission to file fresh suit before court, has been dismissed.

2. In memo of revision petition it has been stated that the reasons mentioned for withdrawal of case/suit is on the basis of misjoinder of parties, contradictory pleading and a vital formal defect due to which petitioner/plaintiff may fail in suit. That it is pertinent to reproduce the para (8) of the plaint which has compelled the plaintiff (Petitioner) for withdrawal of the suit. In Para (8), of application filed before court below for withdrawal of suit it has been stated That since the land in question measuring 1 kanal 1 marla bearing khasra No. 676 situated at K.P. Bagh is recorded in the possession of the plaintiff in the revenue records, the defendants are forcibly going to construct a tower on the same, the defendants are thereby going to dispossess the plaintiff from the said land. The defendants have already constructed plinth forcibly on a portion of the said land a few day