VEDHANARAYANAN Vs. RADHAKRISHNAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the appellant in A.S.No.106 of 2011 as against the order passed by the learned Additional Subordinate Judge, Karur, in I.A.No.524 of 2012 in A.S.No.106 of 2011.

(2.) The petitioner/appellant/plaintiff filed a suit in O.S.No.592 of 2007 on the file of the District Munsif Court, Karur, for partition of 'A' and 'B' schedule properties and for allotment of , share in the suit 'A' and 'B' schedule properties and also to direct the defendants to deliver the possession of suit 'A' schedule properties and to hand over the proportionate amount in suit 'B' schedule properties and also for permanent injunction restraining the defendants 1 to 8 from creating any document in respect of suit schedule properties either by encumbering the suit properties or otherwise.

(3.) The suit filed by the revision petitioner/appellant/plaintiff was dismissed and the revision petitioner has preferred an appeal in A.S.No.106 of 2011 on the file of the Subordinate Court, Karur. During the pendency of the appeal, the revision petitioner has filed an application in I.A.No.524 of 2012 under Order 23 Rule 1 Section 151 CPC, to permit the revision petitioner to withdraw the suit in O.S.No.592 of 2007 on the file of the Additional District Munsif Court, Karur, with liberty to file a fresh suit on the same cause of action. The lower Court dismissed the said application mainly on the ground that the revision petitioner's application for passing a supplementary decree in the previous suit in O.S.No.238 of 2004 was also dismissed holding that the Will relied upon by the revision petitioner was disbelieved and that the revision petitioner is not entitled to rely upon the Will to get any right in the suit property.