(1.) The petitioner entered into a development agreement with the opposite parties. The petitioner was appointed as the power of attorney of the opposite parties. The opposite parties, however, cancelled the development agreement and the power of attorney. The petitioner alleging that such cancellation of the development agreement and the power of attorney was bad and illegal filed a suit being Title Suit No. 18 of 2013 and sought reliefs relying thereto. In such suit the petitioner applied for withdrawal of the same without leave to file a fresh suit on the self-same cause of action. The petitioner adduced evidence in support of his application for withdrawal. The learned Judge by an Order dated April 1, 2013 allowed the petitioner to withdraw Title Suit No. 18 of 2013. No leave to file a fresh suit on the selfsame cause of action was granted by such order.
(2.) The petitioner, thereafter, filed an application under Section 9 of the Arbitration and Conciliation Act, 1993 and obtained an ex parte order of status quo therein. The opposite party applied for vacating of the ad interim order of status quo on the ground of suppression of caveat. The opposite party moved this Hon'ble Court under Article 227 of the Constitution of India being C.O. No. 3736 of 2013 impugning the action of the Court in not giving precedence to the vacating application. Such revisional application is pending.
(3.) The petitioner, thereafter, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996. Such application was opposed by the opposite parties on the ground that, the suit was withdrawn by the petitioner unconditionally and without obtaining leave to file a fresh proceeding on the selfsame cause of action. The petitioner, thereafter, filed an application under Section 114 read with Section 151 of the Code of Civil Procedure, 1908 in Title Suit No. 18 of 2013 seeking review/recall of the Order dated April 1, 2013.