(Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 20.09.2004 passed in I.A.No.10477 of 2004 in O.S.No.12449 of 1996, as stated therein.)

This Civil Revision Petition is directed against the Order dated 20.09.2004 passed in I.A.No.10477 of 2004 in O.S.No.12449 of 1996 by the VII Assistant Judge, City Civil Court, Chennai, partly allowing the Petition filed under Order 23 Rule 1(3) C.P.C and declining to grant leave to file a fresh suit. The Plaintiff is the Revision Petitioner.

2. Claiming that she is the adopted Daughter of Sankara Narayana Pillai, the Plaintiff has filed the Suit in O.S.No.1826 of 1993 before the High Court for Partition and Separate possession of "A" and "B" Schedule Property. "A" Schedule property consists of six items. Item (vi) of "A" Schedule property is situated at Chennai. Hence, the Plaintiff has filed the Suit after obtaining leave to sue. When the Suit was pending, due to enhancement of pecuniary jurisdiction of Subordinate Courts, the Suit was transferred to City Civil Court, Chennai and renumbered as O.S.No.12449 of 1996. Resisting the Suit, the Defendants have filed the Written Statement.