The revision petitioners are the plaintiffs in O.S.No.367 of 1997 on the file of District Munsif of Gobichettipalayam. They have filed an application under Order 23 Rule (1)(3) and Section 151 CPC seeking permission of the court to withdraw the suit and to file fresh suit on the very same cause of action and the said petition was allowed to the extent that the petitioners/plaintiffs were permitted to withdraw the suit. But however, permission to file fresh suit on the very same cause of action was refused. Aggrieved by the same, the plaintiffs have preferred this revision petition.

2. Heard the learned counsel for the petitioners and the respondents.

3. In the petition filed before the trial court it is stated that the suit was filed with regard to a cart track, which according to the petitioners is running in SF Nos.679/1,679/2, 679/3 is on the eastern side of the cart track. The respondents 1 and 2 never used the suit cart track. The physical features will also clearly show that the suit cart track is only in S.F.Nos.679/1 and 679/2. Further the respondents in their written statement stated that the suit cart track is running only in S.F.Nos.679/3. The plaintiffs filed