The plaintiff has the absolute right to withdraw a suit at any stage without the defendant's objection, subject only to the imposition of costs.

JUDGMENT

1. None appears for the parties to the lis.

2. The present petition has been filed in the year 2019. It reveals that the plaintiff instituted a suit for declaration and recovery of possession. The defendant No. 5, the petitioner herein, contested the suit by filing written statement. The plaintiff also submitted some documents in favour of the plaint case. During pendency of the suit, the plaintiff had filed a petition under Order-XXIII, Rule-1 for withdrawal of the suit. The defendant No. 5 filed an objection to such prayer of the plaintiff for withdrawal of the suit with the prayer to return the documents which he submitted along with plaint. The learned Civil Jduge, Sr. Division, Agartala, West Tripura, Court No. 1, had allowed the withdrawal of the suit with further liberty to return the documents which the plaintiff had submitted along with the plaint vide order dated 15.03.2019 in T.S. 78 of 2017.

3. By this revision petition, the defendant No. 1 has challenged the said order dated 15.03.2019 passed in T.S. 78 of 2017 permitting the plaintiff to withdraw the suit along with an order to return the documents to the plaintiff. I have minutely perused the order dated 15.03.2019 which is reproduced herein below:

"Ld. Counsel for the plaintiff and defendant No. 5 are present.

Today the case was fixed for hearing on the withdrawal petition filed by the plaintiff under Order XXIII Rule 1 of CPC along with a prayer to permit the plaintiff to withdraw the original document from the present suit.

Today a petition has been filed by the defendant No.5 with a prayer for passing necessary order after considering and appreciating the false documents ( being Sl.Nos. 1 to 3 mentioned in the list of the documents) along with false statements in the pleadings relating to said documents by sewering affidavit by the plaintiffs in the Title Suti No. 78 of 2017 i.e., the instant suit.

Heard both the sides on the petitions available before this court. Ld. counsel of the defendant No. 5 submitted that the withdrawal of the suit cannot be granted at this stage after passing of two years of filing this suit as the documents on the basis of which the suit has been filed are manufactured by the plaintiffs to file this suit.

It is also submitted, if withdrawal is granted heavy cost may be imposed upon the plaintiffs.

Ld. counsel also submitted that the documents mentioned in the Sl.Nos. 1 to 3 of the petition filed today by the defendant No. 5 must be retained in the custody of this court so that necessary action can be taken against the plaintiffs.

On the other hand Ld. Counsel of the plaintiffs submitted that withdrawal of the suit without liberty to file afresh suit is the right of the plaintiff and so defendant cannot raise any objection against such withdrawal.

It is also submitted by the Ld. Counsel of the plaintiffs that after disposal of the suit court cannot retain any document in the custody of the court. Thus, Ld. Counsel prayed to pass necessary order XXIII Rule 1 (1) of CPC empowers the plaintiff to withdraw the suit at any time after the institution of the suit.

The embargo in granting such prayer is the Sub-Rule-3 of Rule 1 of Order XXIII where the plaintiff is to satisfy the court to get an order of withdrawal of the suit with liberty to file afresh.

Sub-Rule-4 of Rule 1 makes the plaintiff liable to pay cost for withdrawing any suit or any claim without any permission to file afresh.

Thus, whenever the plaintiff claims simple withdrawal the defendant has no authority to raise any objection against such claim and even the court also cannot prevent the plaintiff from withdrawing of the suit. Only power vested with the court is to impose cost upon the plaintiff