1 2025:CGHC:54020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 154 of 2020 Dalit Kurre S/o Ramdayal Aged About 40 Years Caste Satnami, R/o Village Kondagaon, Tahsil Kondagaon, District Bastar Chhattisgarh. ... Appellant/Plaintiff. versus 1 - Fulo Bai Wd/o Ramdayal. 2 - Rajkumar S/o Ramdayal. 3 - Savita S/o Ramdayal. 4 - Sangita S/o Ramdayal. All by Caste Satnami, R/o Village Dewra, Tahsil Bastar, District Bastar Chhattisgarh. ... Respondent/Defendants. For Appellant : Shri Vivek Kumar Tripathi, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 06/11/2025 1. This Second Appeal has been preferred against the order dated 31.07.2019 passed by the District Judge, Baster place Jagdalpur, CG in Miscellaneous Civil Appeal No.2/2019 whereby, learned District Judge AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.11.06 16:34:48 +0530 2 has affirmed the order dated 26.10.2018 passed by the Third Civil Judge Class-I, Baster place Jagdalpur in Civil Suit No.27A/2018, as the appellant/plaintiff had filed a fresh suit though there is legal bar in terms of Order 9 Rule 9 CPC that when an earlier suit has been dismissed in default, the plaintiff shall be precluded from bringing a fresh suit in respect of same cause of action. But he may apply for order to set the dismissal aside. 2. At the outset, counsel for the appellant/plaintiff submits that, on instructions, the appellant wants to file appropriate application for the restoration of the earlier suit as there is no fresh cause of action in the second suit, therefore, this Appeal may be disposed of as withdrawn with liberty to avail appropriate remedy available to the plaintiff, in accordance with law. 3. Reserving the liberty as aforesaid, this Second Appeal is dismissed as withdrawn. Sd/- (Deepak Kumar Tiwari) Judge Avinash