PALANI Vs. BOSE

JUDGEMENT

(1.) Defendants 3 to 5 in O.S.No.40 of 1998 on the file of the Principal Subordinate Judge, Kumbakonam, aggrieved by the grant of permission to withdraw the suit in O.S.No.40 of 1998 with liberty to initiate a fresh suit on the same cause of action have filed this revision.

(2.) Plaintiffs and the defendants are having a common ancestor. They are offsprings of two wives. They have legal heirship to the deceased. The plaintiffs have filed the suit in O.S.No.40 of 1998 as against the five defendants claiming partition. Defendants have filed their written statement resisting the suit.

(3.) Plaintiffs filed I.A.No.519 of 2003, seeking leave of the Court to withdraw the suit also liberty to file fresh suit on the same cause of action on the ground that certain properties are to be included and certain parties who are stated to be purchasers from others are required to be impleaded.