CRP 245/2010 BEFORE THE HON’BLE MR JUSTICE B. P. KATAKEY Heard Mr PK Deka, learned counsel for the petitioners as well as Mr Sarma, learn ed counsel for the respondents. The petitioner, who is the plaintiff in Title Suit No.302/2009, which wa s pending in the Court of learned Civil Judge No.3, Kamrup at Guwahati, by the p resent petition, has challenged the order dated 18 May 2010 passed by learned Co urt below in Misc(J) Case No.216/2009, dismissing the prayer made in the applica tion, and dismissing the suit on withdrawal. It has been submitted by learned counsel for the petitioners that they h ave filed an application, which is registered as Misc(J) Case No.216/2009, prayi ng for allowing them to withdraw the suit with liberty to file afresh. This appl ication, however, was dismissed vide order dated 18 May 2010. Learned counsel su bmits that having rejected the prayer for withdrawal of the suit with liberty to file afresh, the learned trial Court ought not to have dismissed the suit on wi thdrawal as has been done in the instant case. Learned counsel for the respondents submitted that they have no objectio n if the order dated 18 May 2010 passed in Misc(J) Case No.216/2009 is set aside and the suit is restored to file. It appears that the petitioners’ application for withdrawal of the suit with liberty to file afresh has been rejected by the order dated 18 May 2010. Ha ving rejected the prayer made in the application, the learned Court below ought not to have dismissed the suit on withdrawal as such withdrawal was sought for w ith a condition which has not been acceded to by the learned Court below. The le arned Court below ought to have proceeded to decide the suit as it was, which ha s not been done in the instant case. In view of the above, the order dated 18 May 2010 passed in Misc(J) Case No.216/2009 is set aside. Learned Court below is directed to take up the suit f or trial and then to decide the same in accordance with law. Parties are directe d to appear before the learned Court below on 1 December 2010. The revision petition is allowed, to the extent indicated above. No cost s.