V RANGARAJAN Vs. R CHANDRASEKARAN

JUDGEMENT

(1.) THE revision petitioner is the plaintiff in O.S.No.131 of 2003 pending on the file of the Court of District Munsif-cum-Judicial Magistrate, Kodumudi. He challenges the order passed by the learned District Munsif-cum-Judicial Magistrate, Kodumudi, dismissing his application filed under Order XXIII Rule 7 of C.P.C., seeking permission to withdraw the suit with liberty to file a fresh suit on the same cause of action.

(2.) THE revision petitioner herein filed the above suit praying for partition and separate possession of the suit properties.

(3.) THE said application was resisted by the 1st respondent contending that it has been filed solely with a view to prolong the litigation.