Matter Referred to Hon'ble Chief Justice urgently for constitution of Larger Bench.

Order XXIII. Rule 1-Suit- Withdrawal of-Acceptance of application for-Court respectfully disagreeing with view expressed in Meera Rai's case referred the matter for consideration by Larger Bench with following questions of law-(i) Whether decision of this High Court in Raisa Sultana Begum, AIR 1996 All 318 holding that application under Order XXII, Rule 1 of C.P.C. once moved, leads to withdrawal of suit ipso facto without court passing affirmative order is still good law in view of subsequent decision of Full Bench in Sunni Central Board v. Sri Gopal Singh Visharad, 2010 ADJ 1 (SFB) (LB) and Supreme Court in M. Siddiq (Dead) through Legal representatives (Ram Janmbhoomi Temple case) v. Mahant Suresh Das and others, (2020) 1 SCC 1 and Anurag Mittal v. Shally Mishra Mittal, (2018) 9 SCC 691 (ii) Whether decision in Meera Rai v. Additional Sessions Judge and others, 2017 (12) ADJ 817 does not lay down law correctly in view of law laid down by Supreme Court in Anurag Mittal v. Shaily Mishra Mittal, (2018) 9 SCC 691 on issue if mere lodging of application to unconditionally withdraw suit under Order XXIII, Rule 1 of C.P.C. operates as withdrawal of suit ipso facto and without any affirmative order ?-In view of order of Supreme Court in Misc. Application No. 315 of 2022 in Special Leave Petition (C) No. 6526 of 2020, dated 28.2.2022 Registry was directed to place matter before this Lordship the Hon'ble Chief Justice urgently for constitution of Larger Bench.