CAV ORDER

8 13-11-2025 This civil revision application is filed against order dated 25.01.2023 passed in the Title suit no. 13 of 2020, CIS no. 71 of 2020 by the Learned Munsif 1^st Madhubani whereby and whereunder permission has been granted to the plaintiff/ opposite party to withdraw the said title suit with liberty to file a fresh suit.

2. Heard the Learned Counsel for the petitioner and respondent.

3. Learned counsel for the petitioner submitted that as per provision of Order XXIII Rule (3)(b) of the Code of Civil Procedure , the sufficient ground for granting permission to institute a fresh suit, after withdrawal of the concerned suit, must be mentioned in the impugned order but the learned court below without mentioning the sufficient ground granted permission to the opposite party to institute a fresh suit.

4. He further submitted that the plaintiff had not disclosed in his petition as to which were the omissions/errors in the Plaint, which were beyond the rectification subsequently by the Plaintiff. Moreover, the “Prarupik Truti” is no ground in view of Order 23 Rule 1(3)(b) of the CPC. The word “Prarupik Truti” is a general and a vague word signifying nothing. It cannot be t