JUDGMENT

This original petition is filed by the plaintiff in O.S. No.90/2014 on the files of Sub Court, Kannur, against the order passed in I.A.No. 781 of 2016, dated 16/06/2017, by which the request made by the petitioner to withdraw the suit with liberty to file a fresh suit under Rule 1(3) Order XXIII of the Civil Procedure Code , 1908 stands rejected. The grievance of the petitioner is that, as a proceeding initiated by the bank is pending before the Debts Recovery Tribunal, if the petitioner parallelly proceeds with the suit proceeding, there is every chance of a conflicting decision in those proceedings.

2. Heard.

3. It is noted that the application file by the petitioner was rejected by the learned Sub Judge for the following reasons:

8. I am in agreement with the stand of respondent no.2. Permission can be granted as prayed for only if the conditions laid down by Order XXIII Rule 1(3) of CPC are satisfied. Pendency of a proceeding before the Debt Recovery Tribunal cannot be construed as a sufficient ground