LAWS(MAD)-2016-1-34

POONAIYAN Vs. PARVATH AND ORS.

Decided On January 05, 2016
Poonaiyan Appellant
V/S
Parvath And Ors. Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 28.08.2012 in I.A. No. 869 of 2012 in O.S. No. 134 of 2010 passed by the learned District Munsif, Palacode, in and by which, the application filed by the revision petitioner/plaintiff under Order 23 Rule 1 CPC seeking permission of the Court to withdraw the suit and liberty to file a fresh suit on the same cause of action, was dismissed.

(2.) Learned counsel for the revision petitioner/plaintiff contended that the trial Court failed to consider the fact that since the amendment earlier sought in the plaint includes declaration of status of a sale deed over the suit property, the same amounts to formal defect and the suit would fail on that ground. Without appreciating the above fact, the trial Court dismissed the application. He further contended that the trial Court failed to consider the order passed by this Court in the previous Civil Revision Petition and hence, since there is only formal defect, the plaintiff may be permitted to withdraw the suit with liberty to file fresh suit on the same cause of action. Hence, he prayed that the Civil Revision Petition may be allowed.

(3.) Learned counsel for the first respondent/D1 and the learned counsel for the respondents 2 and 3/defendants 2 and 3 contended that the trial Court, after considering each and every facts and circumstances of the case, came to the correct conclusion that there is no formal defect by the plaintiff and prayed that the Civil Revision Petition may be dismissed. In support of his submissions, learned counsel for the first respondent/D1 relied on the following decisions of this Court: