1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.6 OF 2008 WITH CIVIL APPLICATION NO.5 OF 2008 M/s.Devendra Corporation & ors ..Applicants V/s. Ramakant Janardhan Samel & ors ..Respondents Mr.J.M.D'Silva, advocate, for the applicants CORAM : J.H.BHATIA, J. DATE : 15TH JANUARY, 2008 P.C. . Heard the learned counsel for the applicants. This Civil Revision Application is filed by the applicants/original plaintiffs against the rejection of their application to withdraw the suit with liberty to file a fresh suit on the same cause of action on the ground that because of the formal defect in the plaint, it is necessary for them to withdraw it. The original defendants contested the application on the ground that the suit was already tried and the trial Court has given a finding that the suit is not maintainable for want of registration of the partnership firm. 2 The other issues on merits were not decided. The matter was taken to the High Court in Appeal and the High Court remanded back the matter to give findings on the Issue Nos.2 to 6. It was contended that the original plaintiffs were trying to avoid findings against them and therefore, they want to withdraw this suit with liberty to file a fresh. After hearing both the parties, the trial Court rejected the application. The plaintiff has preferred an appeal against the rejection of that application. 2. However, when the matter is taken up for hearing, the learned counsel for the applicant/original plaintiff makes an unequivocal statement that the original plaintiff seeks to withdraw the suit without liberty to file a fresh suit. The learned counsel for the respondents objects on the ground that certain valuable rights are accrued/declared by some of the findings in the suit earlier and therefore, permission should not be granted to withdraw the suit. In my opinion, if the plaintiffs do not want to prosecute the suit 3 and seek reliefs, they cannot be prevented from withdrawing the suit. 3. In view of the above, the applicants/original plaintiffs are allowed to withdraw Special Civil Suit No.2 of 2007 pending on the file of Civil Judge, Senior Division, Vasai. With this, the present application stands disposed of. 4. As Civil Revision Application itself is disposed of, Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA, J.)