1. The above revision petition has been filed under Section 115 of the Code of Civil Procedure against the order of the learned Subordinate Judge, Devakottai, dated 6.9.1995 in I.A. No. 287 of 1995 in O.S. No. 188 of 1993, whereunder the application filed by the first respondent-plaintiff under Order 23, Rule 1 C.P.C., seeking permission to withdraw the suit with liberty to file a suit on the same cause of action, came to be allowed as prayed for. The second defendant in O.S. No. 188 of 1993 who was the second respondent in the court below in I.A. No. 287 of 1985 is the petitioner in the revision petition.

2. The first respondent-plaintiff filed the suit in question for partition, to pass preliminary and final decrees directing the suit properties to be divided into five equal shares and to allot one such share to the plaintiff and also for calling upon defendants 1 and 2 jointly and severally to render true and proper accounts of the management of the estate of the deceased Unnamalai Achi and 1/5th share of the amount to be ascertained after rendition of sceunts to be directed to be paid to the plaintiff and for making charge over the share of defendants 1 and 2 and ‘A’