LAWS(KER)-2020-10-2

SABU ISSAC Vs. ANTONY CHACKO

Decided On October 05, 2020
Sabu Issac Appellant
V/S
ANTONY CHACKO Respondents

JUDGEMENT

(1.) An order passed by the first appellate court, granting permission to the plaintiff to withdraw the two suits instituted by him with liberty to file fresh suit/suits on the same subject matter, is under challenge in these original petitions.

(2.) The petitioner is the first defendant in the suit O.S.No.266/2011 and the sole defendant in the suit O.S.No.9/2015 on the file of the Sub Court, Alappuzha. The respondent herein is the plaintiff in these two suits.

(3.) The second defendant in the suit O.S.No.266/2011 is not a party to these original petitions. However, for the sake of O.P.(C) Nos.123/2020 and convenience, the parties shall be hereinafter referred to as 'the plaintiff' and 'the defendant'.