VENKATASAMY (DIED) AND ANR. Vs. DEVARAJ AND ANR.

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 31.02.2014 made in I.A.No.732 of 2011 in O.S.No.387 of 2010 on the file of the Principal District Munsif Court cum Judicial Magistrate, Thiruvannamalai.

(2.) The deceased first petitioner is the plaintiff, second petitioner is the legal heir of the deceased plaintiff and respondents are the defendants in O.S.No.387 of 2010 on the file of the Principal District Munsif Court cum Judicial Magistrate, Thiruvannamalai. Originally the deceased first petitioner filed the said suit for declaration of title of 'B' schedule property and for recovery of possession of the said 'B' schedule property. The respondents filed written statement on 20.06.2011 and are contesting the suit. When the suit was posted in the special list for trial, the first petitioner filed I.A.No.732 of 2011 under Order 23, Rule 1 of C.P.C for permission to withdraw the suit with liberty to file fresh suit on the same cause of action. According to the deceased first petitioner, in the plaint and schedule to the plaint, the name of the village and various settlement deeds are not mentioned in the plaint. Only after he changed his previous counsel and engaged the present counsel, he came to know about this defect and typographical error and sought the relief to withdraw the suit to file fresh suit.

(3.) The first respondent filed counter affidavit and opposed the said application.