(Prayer: Civil Revision Petition filed under Section 115 C.P.C. to call for the records and set aside the decretal order and fair order in I.A.No.80 of 2005 in A.S.No.71 of 2004 dated 21.03.2005 on the file of the learned Subordinate Judge, Kallakurichi.)

Civil Revision Petition is filed against the order dismissing the petition for withdrawal of the suit.

2. The petitioner/plaintiff filed a suit against the respondents/defendants for declaration of his title and for permanent injunction with respect to the suit properties in O.S.No.623 of 1999. The suit was partly decreed and partly dismissed. Aggrieved against the judgment and decree in O.S.No.623 of 1999, the petitioner/plaintiff preferred an Appeal. Pending appeal, the petitioner/plaintiff filed an application to withdraw the suit with liberty to file a fresh suit with the same cause of action. The reason assigned in the affidavit filed in support of the petition was that there is flaw in the description of the properties in the original suit as well as in the appeal and that even if the appeal is decided in favour of the petitioner/plaintiff, it will not be fruitful to him. The decree of the Lower Court with the exi