S. ANANDAN Vs. V.S. ENGINEERS AND BUILDERS

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order dtd. 6/8/2019 passed by the Principal District Munsif, Kancheepuram in I.A.No.1 of 2019 in O.S.No.103 of 2017.

(2.) The case of the petitioner as averred in the petition are as follows :

(3.) The learned counsel for the petitioner would submit that the respondent does not seek to withdraw the suit on account of any formal defect. Therefore, the application will have to be decided based on the conditions contained under Order 23 Rule 1(3) (b) of CPC. Further, he would submit that it would be totally a different case if any event subsequent to the filing of the suit in O.S.No.103 of 2017 is cited for fresh suit. If that be the case, the subsequent suit will have a different cause of action and there is no requirement of leave under Order 23 Rule 1(3) of CPC. The question of leave would arise if the fresh suit is on the same cause of action, which is the subject matter of the suit. So the decision by the Consumer Court after the filing the present suit cannot be the ground for grant of leave for damages.