A. SHAMEEM AHMED Vs. A. MOHAMMED HASHIM

JUDGEMENT

(1.) The petitioners are the defendants 1 to 3 in O.S.No.3761 of 2013 on the file of VIII Assistant City Civil Court, Chennai. The first respondent is the plaintiff in the said suit and the second and third respondents are the defendants 4 and 5 therein. The petitioners have filed this Civil Revision Petition challenging the order of the trial Court made in I.A.No.17972 of 2013, dated 27.2.2014 in allowing the application filed by the first respondent/plaintiff under Section 151 CPC seeking to set aside the withdrawal dismissal order, dated 29.7.2013 passed in O.S.No.3761 of 2013.

(2.) Short facts that arise for consideration in this Civil Revision Petition are as follows:

(3.) Within 20 days from the date of filing of the said suit, the first respondent filed an application in I.A.No.10671 of 2013 under Order 23 Rule 1 CPC, seeking permission of the Court to withdraw the suit. Based upon the said application, the trial Court, by judgment and decree dated 29.7.2013, i.e. on the date of filing of the application itself, dismissed the suit as withdrawn.