G.MANGAYARKARASI Vs. ELIZABETH AMIRTHAKANNU

JUDGEMENT

(1.) The defendant in O.S.No.537 of 2023 is the revision petitioner. The revision petition has been filed, challenging the grant of leave to the plaintiff to institute a fresh suit on the same cause of action.

(2.) I have heard Mr.D.Senthil Kumar, learned counsel for the revision petitioner and Mr.T.M.Naveen, learned counsel for the contesting respondents.

(3.) The learned counsel for the petitioner, taking me through the order passed in the interlocutory application in I.A.No.131 of 2023 as well as the affidavit filed in support of I.A.No.08 of 2024, being the application filed under Order XXIII Rule 1(3) of the Code of Civil Procedure, 1908, as well as the impugned order, would submit that the affidavit seeking leave to file a fresh suit on the same cause of action did not disclose any formal defect, warranting leave to be granted in the first place.