ORDER

1. This Revision under section 115 of the Code of Civil Procedure has been preferred by the applicant/plaintiff against the order dated 23.1.2022 passed in Civil Suit No.88-A/2015 by the VIth Civil Judge, Class-I, District Dewas whereby his application under Order 23 Rule 1 and 3 of the CPC for withdrawal of the suit with liberty to file a fresh suit has been rejected.

2. The facts of the case are that plaintiff instituted an action on or about 14.9.2015 against the defendant for declaration of his half share in the suit lands, for mandatory injunction directing the defendant to remove his construction from over his share in the suit land and for permanent injunction restraining the defendant from making any construction in the future or alienating the suit land in any manner. Upon service of summons upon her the defendant has contested the plaintiff's claim by filing her written statement on 21.6.2016.

3. During course of proceedings before the trial Court the plaintiff filed an application under Order 23 Rule 1 and 3 of the CPC for withdrawal of the suit with liberty to institute a fresh suit on the same facts and cause of action. The plaintiff submitted that only affidavits i