IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1979 of 2006 BRIJ BIHARI RAI, Son of Sheo Pujan Rai, Resident of Village- Bikram (A) Lakshmanpur, P.O. Kamala Gopalpur, P.S. Bihta, District-Patna. ……Defendant no.1/Petitioner Versus TAULAT DEVI @ DAUULAT DEVI @ DOULOTIYA DEVI, Wife of Sri Tetar Pandit, Resident of Village Bikram (a) Lakshmanpur, P.O. Kamal Gopalpur, P.S. Bihta, District-Patna. …Plaintiff-Opp. Party ----------- 4/ 13.05.2011 Heard. 2. The petitioner, being aggrieved by an order dated 15.07.2006 passed in Title Suit No. 52 of 2001 by learned Sub-Judge-II, Danapur has preferred the present Civil Revision application raising a grievance that while permitting the plaintiff- opposite party herein for withdrawal of the aforesaid title suit in terms of Order 23 Rule 1 of the Code of Civil Procedure has made certain observations that adversely affect the right and title of the defendant no.1-petitoner herein with respect to suit property. 3. Admittedly, the plaintiff-opposite party brought the aforesaid Title Suit No.52 of 2001 in the court of learned Sub-Judge-II, Danapur, and he filed a petition under Order 23 Rule 1 of the Code of Civil 2 Procedure on 12.07.2006 seeking to withdraw the aforesaid title suit. In view of the mandate of Order 23 Rule 1 of the Code of Civil Procedure, learned trial court had no option, but to allow the petition of the plaintiff-opposite party for withdrawal of the aforesaid title suit. To that extent, this Court does not find any legal infirmity or material irregularity in the impugned order dated 15.07.2006. However, while passing the impugned order, learned court below was not justified in making any observation affecting the right and title of the defendant no.1- petitioner herein with respect to the suit property. 4. In the aforesaid facts and circumstances, the present Civil Revision application stands dismissed with a clarification that any observation made by learned court below in the impugned order affecting the right and title of defendant no.1- petitioner herein shall not adversely affect his right and title with respect to suit property in any future litigation. Anjani/ ( Birendra Prasad Verma, J.)