Page No.# 1/3 GAHC010035532025 2025:GAU-AS:3538 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/59/2025 PHANINDRA MOHAN DAS S/O- LATE HARICHARAN DAS, R/O- NO 1 SALBARI, HOUSE NO. 102, PANCHATIRTHA PATH, P.O. AND P.S. NOONMATI, DIST. KAMRUP METRO, GUWAHATI-20, ASSAM, PIN- 781020. VERSUS PRADIP CHANDRA DAS S/O- LATE HARI CHARAN DAS, R/O- NO. 1 SALBARI, P.O. AND P.S. NOONMATI, DIST. KAMRUP METRO, GUWAHATI-781020, ASSAM For the Petitioner(s) : Mr. B. Hussain, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.03.2025 Heard Mr. B. Hussain, the learned counsel appearing on behalf of the petitioner. 2. This is an application filed by invoking the supervisory jurisdiction of Page No.# 2/3 this Court challenging an order dated 18.11.2024 passed in Title Suit No. 30/2019 whereby the learned Court of the Civil Judge (Junior Division) No. 2, Kamrup (M), Guwahati (hereinafter referred to as, “the learned Trial Court”) had rejected the application filed by the petitioner for withdrawal of the suit with liberty to file a fresh. 3. This Court has perused the impugned order dated 18.11.2024 as well as the application filed under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 (for short, “the Code”) seeking withdrawal of the suit with liberty to file a fresh suit. This Court does not find any ground to interfere with the said order dated 18.11.2024, taking into account that the learned Trial Court had exercised its jurisdiction in a proper manner. 4. Mr. B. Hussain, the learned counsel appearing on behalf of the petitioner submitted that the petitioner would not like to further pursue with the said suit and would abundant the claim in the said suit without liberty. 5. Taking into account the provisions of Order XXIII Rule 1 (1) of the Code, the plaintiff would always be at liberty at any time to withdraw the said suit. Under such circumstances, it is the opinion of this Court that the petitioner herein who is the plaintiff in Title Suit No. 30/2019 can always withdraw the said suit without liberty. 6. It is observed that taking into account the submission made by Mr. B. Hussain, the learned counsel appearing on behalf of the petitioner, the petitioner can file an application before the learned Trial Court for withdrawal of the suit without liberty and the learned Trial Court shall duly consider the same in terms with Order XXIII Rule 1(1) of the Code Page No.# 3/3 and pass appropriate order. 7. With the above observations and directions the instant petition stands disposed of. JUDGE Comparing Assistant