HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11900 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed challenging the order dated 16.01.2018, by which, the application filed by the plaintiff-respondent for withdrawal of the suit was allowed on the payment of cost of Rs.500/-. So far as counter claim filed by the defendants, it was directed by the said order that the same will continue. Against this order, a revision petition was filed and the same has been dismissed. 2. The contention of the learned counsel for the petitioner is that the suit cannot be withdrawn by the plaintiff in view of provisions of Order 23 Rule 1 CPC. 3. The plaintiff is a master of suit and he can always withdraw his suit and the defendant at best is entitled for cost, which has been awarded in the present case. Counter claim filed by the defendants is continuing. 4. In my view, no illegality has been committed by the Courts below by passing the orders impugned. 5. The writ petition fails and is dismissed. October 13, 2025 Radhika Versus Counsel for Petitioner(s) : Ankit Tiwari, Himanshu Dubey Counsel for Respondent(s) : (Manish Kumar Nigam,J.) Mohd Asif Jamal Since Deceased And 3 Others .....Petitioner(s) Mohd. Nasir Abdin And 14 Others .....Respondent(s) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad