HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL REVISION No. - 54 of 2026 Court No. - 39 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the appellants. 2. He has challenged the impugned order dated 21.02.2026 passed by Civil Judge (Senior Division) (F.T.C.), Room No. 27, Shahjahanpur, whereby the application of the plaintiff for withdrawal of the suit under Order XXIII Rule Part 1(3) C.P.C. has been allowed at a cost of Rs. 100/-. 3. Learned counsel for the appellant/defendant has submitted that he has no objection to the withdrawal of the suit. However, he has raised objections to the condition imposed by the learned trial court permitting the plaintiff to file a fresh suit, if so desired. 4. Learned counsel for the appellant/defendant has further submitted that the suit filed by the plaintiff was for permanent injunction and not for declaration of title. There is substance in the submission made by learned counsel for the appellant/defendant. 5. The plaintiff/respondent has the right to withdraw his suit at any stage, and no party can compel him to continue the proceedings. Therefore, the withdrawal of the suit does not suffer from any illegality or infirmity. However, the condition imposed by the learned trial court is not justifiable and is liable to be set aside. 6. Accordingly, the impugned order is modified to the extent that the condition permitting the plaintiff to file a fresh suit is set aside. The suit shall be treated as withdrawn on the application of the plaintiff. However, it is Versus Counsel for Revisionist(s) : Ghazanfar Abbas, Mohan Lal Pandey, Syed Wajid Ali Counsel for Opposite Party(s) : Iqbal Hussain Khan And Another .....Revisionist(s) Rasheed Khan And 2 Others .....Opposite Party(s) clarified that if any cause of action arises in favour of the plaintiff, he shall be at liberty to institute a fresh suit in accordance with law. 7. With these observations, the present revision is disposed of. May 5, 2026 K.K. Maurya CLRE No. 54 of 2026 2 (Abdul Shahid,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad