N VEERAPPAN Vs. M KANDASAMY

JUDGEMENT

(1.) THE 1st defendant in O. S. No. 300/2000 is the revision petitioner herein.

(2.) O. S. NO. 300/2000 was filed by the plaintiff/1st respondent herein for partition and separate possession of 5/12th share in the suit schedule properties. The plaintiff filed I. A. No. 508/2004 under Order 23 Rule 1 of the Code of Civil Procedure praying for an order for permission to withdraw the present suit with a liberty to file a fresh suit on the same cause of action. By order dated 15. 12. 2004 the trial court allowed I. A. No. 508/2004 on payment of cost of Rs. 1,000/- to be paid on or before 17. 12. 2004 to the defendants. As the cost was refused by the defendants, the same was deposited in the court and recording the same, the I. A. was allowed by the trial court on 17. 12. 2004. Challenging the orders dated 15. 12. 2004 and 17. 12. 2004 the above Civil Revision Petitions have been filed by the 1st defendant in the suit alone.

(3.) HEARD the learned counsel for the revision petitioner and also the learned counsel for the respondents. I have also gone through the documents and the judgments referred to by them in support of their submissions.