A PANNEERSELVAM Vs. SOWMINI

JUDGEMENT

(1.) THIS O. S. Appeal arises against the order of the learned single Judge in Application No. 777 of 2004 in C. S. No. 124 of 1995 dated 8. 4. 2004. Application No. 777 of 2004 was filed seeking reopening of the main suit c. S. No. 124 of 1995, which was dismissed as withdrawn on 31. 10. 2003.

(2.) THE brief facts that are necessary for disposal of this O. S. Appeal are as follows, on 31. 10. 2003, the learned counsel on record for the appellant/ plaintiff sought permission to withdraw the suit stating that the matter was settled out of Court. A memo was filed to the effect that the matter has been settled out of Court and hence the petitioner does not want to proceed further with the matter. Based on the said memo, the suit was dismissed on 31. 10. 2003. Application No. 777 of 2004 was filed by the plaintiff/appellant on 16. 2. 2004 and prior to that Application No. 5213 of 2003 was filed on 1. 12. 2003 for impleading the advocate on record of the plaintiff as party respondent No. 5. The said application came to be dismissed as not pressed taking note of the consent for change of vakalat given by the learned counsel in the open Court.

(3.) THE learned single Judge, after elaborately going into the matter, found the following circumstances for dismissing the application.