( 1 ) THE plaintiff (Petitioner) filed an appplication under Order 23, Rule 1. CPC. praying lor permission to withdraw the suit with liberty to the a iresh suit with necessary correction regarding trie description of the plaint schedule property, before the Additional Civil Judge, shimoga in RA. No. 117 of 1966. This application was opposed by tne dependant (respondent) on the ground that the plaintiff's suit was dismissed in the trial court and if permission sought for was given at this stage, the defendant would be put to irreparable loss and his case would be prejudiced. The learned Civil Judge dismissed the application of the plaintiff, holding that if the application for withdrawal was granted, allowing him to file a fresh suit, the plaintiff would be allowed to file a suit in respect of a different subject matter. It was also found that the plaintiff failed to claim proper reliefs in his suit. Aggrieved by this decision, the plaintiff has preferred this revision petition.

( 2 ) THE plaintiff filed the suit for a declaration of his title, possession and recovery of mesne profits in respect of Block Nos. 3 and 4 of survey No. 26 of Hathi Katte village, Bhaoravathi Taluk, Shimog

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