IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1853 of 2007 Controller of Defence Accounts Versus Maksudpur Institute of Research ---------------------------------- 5. 08.12.2011 Heard Mr. Ashutosh Ranjan Pandey, learned counsel appearing on behalf of the petitioner and Mr. Sukumar Sinha, learned senior counsel appearing for the opposite party No. 1. By the impugned order the Court below has granted permission to the plaintiff to withdraw the suit, simultaneously precluding him from filing a fresh suit on the same cause of action. The learned counsel for the petitioner has submitted that the date of assignment (Samarpannama) dated 14.10.1999 relates to the same cause of action and there is also probability that the plaintiff may file the suit on the basis of that assignment. The learned counsel appearing on behalf of the opposite party has contended that at this stage it cannot be adjudicated because no suit has been filed uptill now and only liberty to file a suit on fresh cause of action has been granted to the plaintiff. After perusal of the record and considering the submissions on behalf of the parties, there appears to be 2 no illegality or jurisdictional error in the impugned and the revision application is accordingly dismissed. However, it goes without saying that the petitioner shall be at liberty to raise all objections available to him in accordance with law, if a suit is filed by the plaintiff-opposite party No. 1. Saif/- (V. Nath, J.)