SINGARAVEL PADAYACHI Vs. NAGAMMAL

JUDGEMENT

(1.) BY consent of both the counsel, the main revision petition itself is taken up for final disposal.

(2.) THIS revision has been filed against the order of dismissing the I.A.No. 507 of 1995 in O.S.No. 188 of 1994 on the file of District Munsif, Jayakondam seeking the relief to withdraw the suit under Order 23, Rule 1 of the Code of Civil Procedure. With liberty to file a fresh suit on the same cause of action.

(3.) RESPONDENTS herein filed counter-affidavit opposing the same. The lower court by order dated 1.9.1995 has dismissed the LA. finding that the averments made by the petitioner in his affidavit are not correct and the petitioner himself was a attesting witness to one of the sale deeds. There are only two sale deeds. Further the application has been filed after the evidence is over.