THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.806 of 2007 ORDER: Heard both sides. The petitioner/first defendant filed this revision under Section 115 CPC, inter alia, assailing the order dated 05.02.2007 passed by the Additional Senior Civil Judge, (FTC), Gudivada in allowing I.A.No.29 of 2007 in O.S.No.62 of 1997 filed by the respondents/plaintiffs under Order XXIII Rule 1(3)(b) CPC seeking to withdraw the suit. Few facts, which are necessary for disposal of the case, are that in a suit filed by the respondents/plaintiffs for partition, the present application has been filed on 02.02.2007, which is evident from the material papers filed in support of the revision petition, and the same was posted for counter and disposal on 05.02.2007. On 05.02.2007 the Court below passed the impugned docket order, which reads as under: “Counter not filed. Petition allowed. No costs.” Hence, this revision. Having heard the learned counsel appearing for the petitioner/first defendant and on perusal of the material available on record, the present application, which is a substantive one, and which affects the substantive rights of the parties, could not have been allowed in such a laconic manner, without providing an opportunity to the petitioner and the other defendants. Though the parties can withdraw a suit under Order XXIII CPC, however, that itself is not a straight jacket formula to allow every suit to be withdrawn. It will have several complications, and therefore, either side have to be heard by providing opportunity and also considering the objections, if any, filed from their side. In the instant case, though the matter was posted for counter and disposal, no counter was filed. Admittedly, the application has been allowed within three days of filing the same. Therefore, I am of the opinion that the very manner in which the Court below allowed the application is harsh. In the circumstances, the impugned order is set aside and the matter is remitted back to the Court below for considering it afresh, after giving notice and opportunity to both sides. The petitioner shall file counter in the Court below within four weeks from the date of receipt of a copy of this order. The Civil Revision Petition is accordingly allowed. There shall be no order as to costs. B.PRAKASH RAO, J Date: 24.06.2010 Note: Issue CC in one week B/o. va