C KARUPPANAN(DIED) Vs. C SANGA PILLAI

JUDGEMENT

(1.) Heard Mr.P.Thiagarajan, learned counsel appearing for the petitioners and Ms.J.Maria Roseline, learned counsel appearing for the first respondent.

(2.) The petitioners filed the above Civil Revision Petition, challenging the order dated 31.01.2008 in I.A.No.78 of 2007 in A.S.No.19 of 2007 on the file of the Subordinate Judge, Kuzhithalai.

(3.) The first respondent herein is the plaintiff has filed a suit in O.S.No.224 of 1999, on the file of the District Munsif, Kuzhithalai, for mandatory injunction. The learned District Munsif, Kuzhithalai has dismissed the suit on the ground of limitation. Without considering the limitation, the learned Sub Judge, Kuzhithalai has permitted withdrawal of the suit with liberty to file a fresh suit on the same cause of action.