ORDER :

The captioned civil revision petition is filed by the defendant questioning the order dated 23.09.2016 passed on I.A.No.11 filed under Order 23 Rule 1(3)(a) of CPC in O.S.No.122/2008 as per Annexure-F permitting the respondents/plaintiffs to withdraw the suit with liberty to file a fresh suit.

2. The facts leading to the case are as under:

The respondents/plaintiffs instituted suit in O.S.No.122/2008 against the present petitioner/defendant seeking relief of declaration of title of the suit property bearing VPC No.33 (present VPC No.29) and also sought for consequential relief of injunction.

3. On receipt of summons, the present petitioner/defendant tendered appearance and filed written statement and stoutly denied the entire averments made in the plaint.

4. Based on the pleadings, the learned Judge formulated issues and both the parties lead in evidence to substantiate their claim. Both the parties addressed their arguments on the main matter and at that stage, the respondents/plaintiffs filed an application in I.A.No.10 seeking amendment of plaint. The amendment was sought to bring in correction to the property number in the plaint as well as in the suit schedule. After hearin