(1.) This revision is filed against the oitters in I.A.No.441/1995 in O.S.No.90/92 on the file of the learned District Munsif, Penukonda. That was a petition filed by the petitioner-plaintiff to permit him to withdraw the suit and file a fresh suit and the same was dismissed.
(2.) The learned Counsel for the petitioner submits that it is mistakenly mentioned the wrong geneology in the suit filed by him and the first defendant is not a necessary party to the suit and he has no right in item No.2 of the plaint schedule properties and hence, sought for permission to withdraw the suit and file a fresh suit.
(3.) The second respondent filed counter resisting the said request of the petitioner.