VELUSAMY Vs. CHENNIAPPAN

JUDGEMENT

(1.) The Civil Revision Petitioner/Respondents/Defendants have filed this Civil Revision Petition as against the order dated 06.03.2008 in I.A. No. 225 of 2007 in O.S. No. 80 of 2000 passed by the Learned District Munsif cum Judicial Magistrate, Palladam, Coimbatore District.

(2.) The Trial Court, while passing orders in I.A. No. 225 of 2007 on 06.03.2008, has among other things observed that '...The Respondents/Petitioners/Plaintiffs are showing sufficient grounds for allowing the application under Order 23 Rule 1 of Civil Procedure Code and they are having liberty to withdraw the suit, since there are sufficient defects in the plaint, committed while framing the suit etc. and resultantly, allowed the application without costs.'

(3.) According to the Learned Counsel for the Revision Petitioners/Respondents/Defendants, the Trial Court has failed to see that the Respondents/Petitioners/Plaintiffs who attempted to change the entire character of the suit, cause of action of the suit and sought to seek reliefs bared by limitation having failed in such an attempt upto the Hon'ble Supreme Court, cannot achieve by filing an application for withdrawal of the suit with leave to file a fresh suit on the same cause of action.