High Court of Judicature at Allahabad
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Krishna Bihari & Others v. State Of U.P. & Others - WRIT - C No. 27129 of 2006  RD-AH 9694 (17 May 2006)
Hon'ble Janardan Sahai, J.
A suit under Section 176 of U.P. Zamindari Abolition and Land Reforms Act was instituted by the respondents 4, 5 and 6 in which the petitioners are defendants. An application for withdrawing the suit with permission to file another was filed by the plaintiffs/respondents on the ground that the suit was not filed under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act and for want of notice under Section 80 C.P.C. and Section 106 of the Panchayat Raj Act and the suit was therefore defective. The trial court allowed the application. Against that order the petitioners filed a revision before the Additional Commissioner, which has been dismissed. The plaintiff has a right to withdraw the suit. With regard to permission to file a fresh suit good grounds have been given by the plaintiff, which have been accepted by the courts below. No ground for interference has been made out. Dismissed.
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