MC 346/2011 BEFORE HON’BLE MR JUSTICE BD AGARWAL This revision petition has been filed by the plaintiffs challenging the order da ted 28.07.2009 passed by the Munsiff, Bilasipara in Title Suit No. 212 of 2007. By this impugned order, the Munsiff has rejected the prayer of the plaintiffs to allow them to withdraw the suit. Heard Mr. S Nath , learned counsel for the petitioner. None a ppeared on behalf of the respondents. Mr. Nath, learned counsel for the petitioner submitted that after filing of the suit, the Revenue board has cancelled the mutation of the re spondents vide order passed in Case No. 98 RA (DBR) of 2008 and in view of the s aid order, the plaintiffs were not interested to pursue suit and filed withdraw al petition under Order 23 Rule 1 of the CPC. The learned Munsiff has rejected the prayer on the ground th at now the plaintiffs wants to evict the defendants from the land possessed by t hem and this does not amount to formal defect in the plaint. In my considered opinion, if the plaintiffs have been evic ted by defendants from the suit land after filing of the suit, it may give rise to a new cause of action and for that purpose, the plaintiffs are always at libe rty to file fresh suit, if permitted under law. Hence, the impugned order is hereby set aside. The petitioners are allowed to withdraw the Title Suit No. 21 of 2007 simpliciter. In the result, the revision petitions stands allowed.