IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1136 of 2007 NAZIR AHMAD, SON OF LATE HAJI AHMAD YUSUF, RESIDENT OF PURANI SAHAR MUNSHI TOLA, BARI MASJID, DAUD NAGAR, P.O. + P.S. DAUDNAGAR, DISTRICT AURANGABAD… PLAINTIFF-PETITIONER Versus 1. HAJI NOORUL HAQUE,SON OF LATE WALI MOHAMMAD 2. SAFIUL HAQUE 3. HESSAMUDDIN, BOTH SONS OF NOORUL HAQUE 4. FATMA BEGUM, WIFE OF SAFIUL HAQUE 5. INTZAR AHAMD 6. NATHUN AHAMAD, BOTH SONS OF LATE HAJI AHMAD YUSUF 7. NAZBUNNISA , WIFE OF NATHUN AHMAD 8. JAIBUNNISA, WIFE OF INTEZAR AHMAD 9. MOYEENUDDIN, SON OF INTEZAR AHMAD 10. SHAMIMA KHATOON, WIFE OF SRI NAZIR AHMAD, ALL RESIDENTS OF PURANI SAHAR, MUNSHI TOLA, BARI MASJID, P.O. AND P.S. DAUD NAGAR, DISTRICT AURANGABAD….. DEFENDANTS-OPPOSITE PARTIES. ----------- 2. 30.04.2009 Heard learned counsel for the petitioner and learned counsel for the opposite parties. By the impugned order, the learned court below has rejected the petition of the plaintiff for withdrawal of the suit with a liberty to file a fresh suit. From the impugned order as well as from Annexure-1, the petition filed by the plaintiff, it is apparent that the same is absolutely vague and, therefore, the court below has rightly rejected the petition. It was submitted on behalf of the plaintiff that there were inherent defects in the plaint of the suit but apparently the same were not pointed out to the learned court below. - 2 - In that view of the matter, I am not inclined to interfere in the matter. The revision application is dismissed. However, the plaintiff is given liberty to file a fresh petition for the purpose giving all the details of inherent defects in the plaint of the suit. If such a petition is filed in the learned court below, the court below shall consider the same and pass a fresh order on the merits of the petition without being prejudiced by its earlier order. B.T (J.N Singh, J)