District North 24 Parganas

In the Court of Ld. Addl. District Judge Fast Track (1 st

Court) at Barasat

Mat 1638 of 2021

MANAS DAS

…Plaintiff

-VS-

TULI DAS MUDLI

…Defendant

An Application under Order 23 Rule

1 read with section 151 CPC on
behalf of the plaintiff

Most Respectfully Sheweth,

1. That the instant suit is filed by the plaintiff under section 13 of the
Hindu Marriage Act which is still pending before your honour.

2. That in the present suit out of the talk of compromise between the
parties to the suit the dispute between the parties to the suit has
settled out of court and for that reason the Plaintiff at this stage is
willing to withdraw all his claims without the liberty to file afresh
in the instant suit and he is not want to proceed with the instant
suit.

3. Thus your honour may pleased to pass an order to allowing the

plaintiff to withdraw the instant case, without the liberty to file
afresh, otherwise the present plaintiff will suffer irreparable loss
and injury which can not be compensated by money value.

4. That the instant petition has been filed by the plaintiff Bona fide
and without any coercion or undue influence.
 Hence it is prayed that your honour would
graciously be pleased to pass an order to
allowing the plaintiff to withdraw the
instant case without the liberty to file
afresh and/or to pass any other order(s)
as your honour may deem fit and proper

AFFIDAVIT

I, MANAS DAS S/O Radhakanta Das aged about 41 year by faith

Hindu, by Occupation Private job, previously residing at D20, 1st Floor,
Kiran Garden, Uttamnagar, New Delhi, Pin – 110059, presently residing
at Uniworld City Vista – IV, Flat no. 1402, New Town Kolkata – 700156,
do hereby solemnly affirm as follows:-

1. That I am the sole petitioner of the instant case and well conversant
of the facts of this case. …This is true to my Knowledge.

2. That the statements made in the above paras are true to best of my
Knowledge and belief and I sign this affidavit in the Barasat court
premises on 07.01.2023

Deponent

Identified by me

Advocate