Court No. - 9

Case :- CIVIL REVISION No. - 52 of 2018

Revisionist :- Hari Shankar

Opposite Party :- Rahul Alias Shaili

Counsel for Revisionist :- Kamlesh Kumar

Tiwari,Shyam Shankar Mishra

Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the revisionist.

This revision is directed against the order dated

31.10.2017, allowing an Application Paper No. 55-

A-1, filed by the plaintiff-respondent for

permission to withdraw his suit to file it

afresh.

The contention of learned counsel for the

revisionist is that this order is unsustainable

inasmuch as the issue of valuation of the suit was

raised and it was found that the court fee paid

was deficient.

The plaintiff-respondent was

required to make good the deficiency but instead

of complying with the order, Application Paper No.

55-A-1, has been filed to withdraw the suit and to

file it indegent person.

The court while allowing the Application Paper

No. 55-A-1 has observed that plaintiff respondent

had filed an application to sue as an indegent

person. This application was dismissed on a

technical ground. The application filed did not

contain the requisite schedule of the plaintiffs

property.