(Civil Revision Petition filed under Section 115 of Civil Procedure Code, against the order dated 22.12.2003 passed in I.A No.305 of 2003 in O.S.No.274 of 1997 on the file of the District Munsif Court, Poonamallee.)

This Civil Revision Petition arises against the order dated 22.12.2003 by the District Munsif, Poonamallee in I.A.No.305 of 2003 in O.S.274 of 1997, which was an application preferred by the revision petitioners/ plaintiffs 1 and 3 on 12.02.2003 under Order 23 Rule 1 CPC, seeking permission to withdraw the suit filed by them with liberty to file a fresh one on the same cause of action.

2. That was a suit filed by these petitioners and others Radha, Geetha and Sudha, who are among the five foster daughters of late M.G.Ramachandran, who expired on 24.12.1987 when his Will dated 18.01.1987 came into operation, wherein the executor was Mr.N.C.Raghavachari and alternatively under such circumstances the present first defendant Rajendran. The said Will was probated in O.P.No.388 of 1992 and according to the same, there was life estate given to Mrs.Janaki, widow of the deceased and after whose death that took place on 10.05.1996 the three plaintiffs along with two oth