PILLAKATHUKU SUBBARATHNAM Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) The petitioners-plaintiffs in I.A. No. 1123 of 2004 in O.S. No. 24 of 2000 on the file of Senior Civil Judge, Kadapa, aggrieved by the order dated 14-2-2005 had preferred the present revision petition. Notice before Admission was ordered and the respondents were served, but, none represents them.

(2.) The petitioners/plaintiffs moved an application in I.A. No. 1123 of 2004 in O.S. No. 24 of 2000 on the file of Senior Civil Judge, Kadapa under Order XXIII Rule 1, read with Section 151 of the Code of Civil Procedure (for short 'the Code') praying this Court to permit them to withdraw O.S. No. 24 of 2000 with a liberty to file fresh suit.

(3.) It was stated in the affidavit filed in support of the application that the suit was originally drafted by one Sri K. Krishna Murthy, Advocate in which there were certain serious defects in the pleadings and also in the reliefs prayed for. In view of the fact that the suit was not properly framed, the subsequent counsel Sri N. Krishna Murthy while preparing examination-in-Chief affidavit having gone through the records, advised that the plaint was not properly drafted and no purpose would be served in praying for amendment since amendment would be of substantial nature and hence advised that withdrawal of the suit reserving liberty to file fresh suit would be just and proper. It is also stated that the plaintiffs are illiterates and not having sufficient legal knowledge and just they followed the advice of the counsel.