VENKATACHALAM Vs. SIDDAN

JUDGEMENT

(1.) THE revision arises against the order dated 17.12.2002 made by the District Munsif, Mettur in refusing to give permission to withdraw the suit filed by the revision petitioner/plaintiff for declaration and injunction in respect of two schedule of properties against the defendants, among whom, defendants 3 to 5 are officials of the Revenue Department.

(2.) THE subject matter of the suit was regarding a cart track. When subsequently the revision petitioner came to understand that the partition of the property, for which he was agitating, was classified as poramboke, he wanted to withdraw the entire suit against some of the defendants, namely defendants 3 to 5, whom are officials of the Revenue Department He also wanted to withdraw the suit for declaratory relief in respect of schedule-B.

(3.) SIMILAR issue was dealt with in the case of A.D.S.Joshi v. Chief Officer, Panvel Municipal Council A.D.S.Joshi v. Chief Officer, Panvel Municipal Council A.D.S.Joshi v. Chief Officer, Panvel Municipal Council A.I.R. 2003 Bom. 238 by holding that every plaintiff has right to withdraw his suit unconditionally. Since the liberty to file a fresh suit on the same cause of action or outside the said cause of action was never asked for in this case, there is no impediment in granting permission to withdraw the suit entirely against defendants 3 to 5 and partially in respect of suit item No.2 in so far as it relates to declaratory relief.