THANGAVEL Vs. KUPPANA GOUNDER

JUDGEMENT

(1.) THE revision petitioner/respondent/defendant has filed this present civil revision petition as against the order dated 19.9.2007 in I.A.No,929 of 2007 in O.S.No,431 of 2005 passed by the learned Principal District Munsif-cum-Judicial Magistrate, Erode in allowing the application filed under Order 23 Rule 1 and Section 151 of CPC by granting permission to the respondent/petitioner/plaintiff to withdraw a suit O.S.No,431 of 2005 with a liberty to file afresh suit on the same of cause of action.

(2.) THE trial Court, while passing orders in I.A.No,929 of 2007 on 19.9.2007 has inter alia opined that the respondent/ petitioner/plaintiff in order to prove the existence of 150 feet pathway in the plaint schedule property, an opportunity will have to be provided to him and therefore, the reason assigned by him in his affidavit is sufficient and resultantly allowing the application by observing that' suit is dismissed as withdrawn as to file a fresh suit on the same cause of action'.

(3.) ADDED further the learned counsel for the revision petitioner refers to the order of this Court dated 26.6.2007 (passed in C.R.P(PD) No.1593 of 2006 as against the order passed in I.A.No,958 of 2006 in O.S.No,431 of 2005 on the file of the trial Court dated 19.9.2006) wherein this Court has observed as follows: