File fresh suit

Yes you can withdraw it with court permission to file fresh suit.

sir do i need to notpres old suit or file petition for permission to file fresh suit

If you plan to file a new suit for title declaration, recovery of possession, or rectification of boundaries, you must seek permission from the court to withdraw the current suit for permanent injunction with liberty to file a fresh suit. Under Order 23 Rule 1(3) of the Civil Procedure Code, this is allowed if the court agrees that the suit has a formal defect or there are valid grounds for withdrawal. Without this permission, the new suit may be barred by the principles of res judicata. It’s best to consult a civil attorney to ensure the withdrawal is done correctly and the fresh suit is filed without any procedural issues.

Why you want to withdraw the suit just because of an averment in the Written Statement? The posting suggests deeper issues. Please post complete facts.

You may look for the possibilities to amend the plaint if the circumstances warrant.

If your advocate insists on filing fresh suit you may withdraw the present one by filing a petition under order 23 rule 1 CPC which will permit you to file a fresh suit on the same cause of action also 

Move an amendment of the measurement / boundaries through your lawyer.

"JUST NOT PRESS OLD SUIT AND FILE NEW SUIT" harmful to your interest. 

You must withdraw the old suit and seek liberty from the Court to file a new suit for the same reasons, also known as cause of action. 

If you do not seek liberty to file a new suit, and if you do not get the liberty to file a new suit, then you will be precluded from filing a new suit. Your opponent will oppose you and easily get your suit dismissed. 

When you file a new suit, you must inform the Court that you withdrew the old suit and obtained liberty from the Court to file a new suit. 

Secondly, if there was a mistake in the schedule of property, you can just amend it I guess. Amendments are allowed before the trial begins. 

Kakoli B.