SAKTHIVEL Vs. REVATHI

JUDGEMENT

(1.) The defendants 2, 3 and 5 to 8 are the petitioners herein.

(2.) The first respondent herein/plaintiff has filed a suit in O.S.No.63 of 2011 on the file of the Sub Court, Kallakurichi, for partition and for permanent injunction. Pending suit, she has filed an application in I.A.No.784 of 2011 under Order 23, Rule 1 of CPC seeking permission to withdraw the suit with liberty to file a fresh suit on the same cause of action.

(3.) The plaintiff has specifically pleaded in the said application that she has filed the above said suit against the defendants for partition; in the plaint, certain facts were omitted to be mentioned and certain documents were also omitted to be included; further the plaintiff has to seek some other relief in the fresh suit; certain items of properties were also not included in the plaint schedule and for all these reasons, the plaintiff has filed the above I.A.No.784 of 2011 seeking permission to withdraw the suit, with liberty to file a fresh suit on the same cause of action. In the counter affidavit, the defendants have stated that the defects alleged in the affidavit can be cured in the suit itself. The trial Court, after hearing both sides, has allowed the said application as prayed for. As against the same, the present civil revision petition is filed by defendants 2, 3 and 5 to 8.