S BALASUBRAMANIAN Vs. B K KRISHNAMURTHY

JUDGEMENT

(1.) THIS Original Side Appeal arises against the order and decreetal order of the learned single Judge made in Application No. 549 of 2010 in C.S.No.711 of 2007.

(2.) THE first defendant in the suit is the appellant, the first respondent was the plaintiff and the second respondent was the second defendant in the suit. THE plaintiff filed the application NO.549 of 2010 under Order XXIII, Rule 1 C.P.C. to permit him to withdraw the suit in C.S.No.711 of 2007 with a liberty to file a fresh suit on the same cause of action and also to direct the return of the original documents filed along with the suit.

(3.) THE first respondent filed an application in A.No.549 of 2010 in C.S.No.711/2007 to withdraw the said suit with liberty file a fresh suit on the same cause of action and also to direct the return of the original documents filed along with the suit.