1 SB Civil Writ Petition No.8663/2008 Sampat Raj. vs. The Executive Engineer & Ors. S.B. Civil Writ Petition No.8663/2008 Sampat Raj. vs. The Executive Engineer & Ors. Date : 22.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Rakesh Arora, for the petitioner. - - - - - Heard learned counsel for the petitioner. The petitioner/plaintiff is aggrieved against the order dated 16.7.2008 whereby the petitioner's application for withdrawing his earlier application to withdraw the civil original suit no.8/2006, was rejected by the trial court. It appears from the facts of the case that the civil suit was withdrawn by the plaintiff by moving an application through his advocate on 26.4.2006. The petitioner thereafter submitted the present application under Order 23 Rule 1 CPC on 23.4.2007 and submitted that at the time of moving application for withdrawal of suit, he was not mentally fit and, therefore, he withdrew the suit 2 SB Civil Writ Petition No.8663/2008 Sampat Raj. vs. The Executive Engineer & Ors. without reserving his right to file another suit. The trial court found that the said application for withdrawal of the suit is not only signed by the plaintiff but has been signed and presented by the counsel for the plaintiff himself. The application has been allowed by the trial court vide order dated 26.4.2006 and the plaintiff produced certain medical evidence in the form of medical certificates dated 20.2.2007 and 19.3.2007, doctor's prescription dated 20.3.2007 and medical prescription with receipt dated 20.4.2007. From those documents, it is not proved that the plaintiff was not in a position to take his own decision and he moved the application for withdrawal of the suit under that mental condition. The case set up by the petitioner/ plaintiff appears to be an afterthought and nothing more than that. In view of the above, there is no merit in the writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya