P. S. NARAYANA, J.

( 1 ) HEARD Ms. Arshia Khatoon representing Smt. Sesharajyam and Mr. M. V. Nagaraj representing Mr. Rajalingam, the Counsel representing both the parties in the CRP.

( 2 ) THE CRP is filed against an order dated 26-7-1999 made in IA No. 9 of 1999 in OS No. 504 of 1991 on the file of the Principal Senior Civil Judge, Visakhapatnam.

( 3 ) THE revision petitioner who is the plaintiff in the suit filed an application under Order XXIII, Rule 1 C. PC to permit the plaintiff to withdraw the suit with a liberty to file a fresh suit. The Court below by an order dated 26-7-1999 had allowed the application in part granting permission to the petitioner to withdraw the suit, but refusing liberty to file a fresh suit. The revision petitioner aggrieved by the said order had preferred the present CRP.

( 4 ) THE facts of the case in brief are as follows:the revision petitioner-petitioner-plaintiff filed a suit for recovery of Rs. 29,531. 48 ps. , and the registration certificate of the firm was not readily available on the date of presentation of the plaint and on oral enquiry with the Registrar of Firms, the petitioner was informed that the registration was completed and after t

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