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. It was also the case of the defendant-

revisionist that the application could not be

allowed and that the only remedy available for the

plaintiff-respondent was to file a fresh suit.

Upon hearing counsel for the revisionist and on a

perusal of the impugned order, I do not find any

illegality therein. The order impugned suffers

from

no

jurisdictional

error

warranting

interference because a suit suffering from a

formal defect that would lead to its dismissal,

can always be permitted to be withdrawn with

liberty to file afresh.

The revision is accordingly dismissed.

Order Date :- 21.3.2018

Priyanka

Digitally signed by ANJANI KUMAR MISHRA

DN: C=IN, O=Personal, PostalCode=211001,

S=Uttar Pradesh,

Phone=f6e3ce979d8983acfc0b3ea049885bf6

4ad5bbb33050e3dfe3e210927d94f413,

SERIALNUMBER=004ee64f25f9f36f85dbdc7

1f5b0ec1e2f0938431e25dbbadc93823915b3

6c6f, CN=ANJANI KUMAR MISHRA

Reason: I am the author of this document

Location:

Date: 2018-03-22 15:38:34

ANJANI

KUMAR

MISHRA