SOMA NAICKER Vs. VELUCHAMY

JUDGEMENT

(1.) THIS revision is filed against the order of the learned Additional Subordinate Judge, Dindigul, in I.A.No.358 of 1994 in A.S.No.275 of 1993, refusing permission to withdraw the suit underO.23, Rule 1 of Civil Procedure Code.

(2.) THE revision petitioners filed a suit for injunction in respect of a cart-track on the basis that they are the co-owners of the cart-track. THE trial Court dismissed the suit. THErefore, the revision petitioners have filed an appeal before the Additional Subordinate Judge, Dindigul and during the pendency of this appeal, they filed I.A.No.358 of 1994 to withdraw the suit with liberty to file fresh suit. THE learned Subordinate Judge dismissed the application holding that there is no formal defect in the pleading nor there is any acceptable reason to give liberty to withdraw the suit for filing a fresh suit on the same cause of action.