N THIYAGARAJAN Vs. VEERATTANATHAN

JUDGEMENT

(1.) THE order passed in I.A.No.2480/2004 in O.S.No.288/2002 on the file of the Additional District Munsif Court, Guddalore, is being challenged in this Revision. THE plaintiff in O.S.No.288/2002 has filed the said petition under Order 23 Rule 1(3) of C.P.C. to permit the plaintiffs to withdraw the suit with liberty to file fresh suit on the same cause of action.

(2.) THE learned Additional District Munsif, who heard the petition, after going through the rival contentions, had dismissed the petition. Aggrieved by the orders of the learned Additional District Munsif, the plaintiffs have filed this revision. THE reasoning given for the withdrawal of the suit was that the respondent relied on a sale deed dated 2.7.1920 in favour of Sivabhushnam, the younger brother of plaintiffs' grand father's. THE Defendant also relied on a 50 years old release deed. THE plaintiffs would contend that these documents were not explained in the plaint and the defects cannot be removed by way of amendment. So, on these grounds, according to the plaintiffs formal defects, they want to withdraw the plaint with liberty to file fresh suit on the same cause of action. THE relief asked for by the plaintiffs in the revision cannot be granted for the following reasons.