PRABHAVATHI Vs. SRINIVASAN

JUDGEMENT

(1.) Revision petitioners herein are the plaintiffs in O.S.No.510/2007 pending before the Additional Munsiff Court, Cherthala. Defendants 1 to 5 therein are the respondents herein. Plaintiffs filed I.A.699/2012 in the above suit under Order 23 Rule 1(3) of CPC to withdraw the suit with liberty to file a fresh one. As per order dated 23.09.2014, the learned Munsiff dismissed the application and the above order is under challenge before this Court by way of revision.

(2.) Heard both sides and perused the materials available.

(3.) Going by the order impugned it appears that the application I.A.No.699/2012 was moved contending that the description of the devolution of the title of the petitioners/plaintiffs was erroneously pleaded in the suit and if the present suit so continued, the plaintiffs would be deprived of their statutory entitlement. The learned Munsiff considered 2 grounds envisaged under Order 23 Rule 1(3) of CPC and negatived the contentions. According to the learned Munsiff, the expression formal defect connotes defects of various kinds not affecting the merits of the case and such a defect is in form and procedure and not a defect in substance or merits. Further the Munsiff held that the other sufficient ground is interpreted by various courts and the said ground must be in the nature of a technical defect because the principle of ejusdem generis is applicable.