These petitions coming on for hearing on this day upon perusing the petition the orders of the Lower Courts below and the record in the case and upon hearing the arguments of Mr. K. Chandru for Mr. R, Yashod Vardhan Advocate for the petitioner in the both petitions and of Mr. T. Theageswaran for M/s. Waraon and Sairams Advocate for the Ist respondents in both the petitions and of Mr. R. Swaminathan Addl. Govt., pleader (CS) on behalf of the respondents 2 and 3 in CRP 2939/93 and 2nd respondent in CRP. 3292/93 court made the following order:-

The above revisions involve similar and overlapping issues and, therefore, submissions have been made in common by the counsel appearing on either side and are dealt with together.

2. CRP No. 2939 of 1993 has been filed under Article 227 of the Constitution of India challenging the order dated 22-9-1993 by which the court below (S. Thamizhvanan, III Assistant Judge, City Civil Court, Madras) recorded the factum of an endorsement made by the plaintiff that the suit O. S. No. 9188 of 1992 is withdrawn as not pressed as against the third defendant, the petitioner herein. The suit O. S. No. 9188 of 1992 came to be filed by the plaintiff S