THANGAPANDIAN Vs. MUTHUMARIAMMAN IDOL SOMARASAMPETTAI TRICHY TALUK

JUDGEMENT

(1.) THE above revision has been filed by the defendants in O.S.No.950 of 1987 on the file of the Sub Court. Tiruchirappalli, challenging the order passed by the learned judge in the court below dated 1.9.1992 in I.A.No.393 of 1992, wherein the plaintiff has been permitted to withdraw the suit O.S.No.950 of 1987 with liberty to file a fresh suit on the same cause of action in exercise of the powers under Order 23, Rule 1 read with Section 151 of the Code of Civil Procedure.

(2.) THE suit was filed by the plaintiff-temple represented by its Executive Officer for recovery of possession of the suit property based on title. It appears that the defendants contested the claim by filing a written statement contending that the plaintiff -temple has no title to the suit property. At that stage, it appears that on verification it was noticed that the description of property as given in the plaint is not complete either in respect of boundaries or in respect of the measurements and this technical defect may cause prejudice to the rights and interests of the plaintiff-temple. Consequently, on advice, the application for withdrawal with liberty to file fresh suit on the same subject matter was filed. THE said application was also opposed by the defendants contending that inadequate or wrong description of property in dispute in suit is not a formal technical defect in the plaint and such a defect is a substantial one and, therefore, liberty should not be given as prayed for.

(3.) THE revision, therefore, fails and shall stand dismissed. No costs.