The plaintiff in the original suit O.S.No.781 of 2009, pending on the file of District Munsif, Katpadi, Vellore District, filed an application in I.A.No.716 of 2014 seeking the permission of the Court to withdraw the suit with liberty to file a fresh suit on the very same cause of action. The said petition came to be filed under Order XXIII Rule 1 CPC.

2. The learned trial Judge, after hearing, dismissed the said application holding that such a leave could not be granted. As against the said order of the trial Court dated 02.07.2015 made in I.A.No.716 of 2014 in O.S.No.781 of 2009, the present Civil Revision Petition has been filed.

3. If at all the plaintiff in a suit wants to withdraw the suit simplicitor, the Court cannot prevent the plaintiff from doing so. Even the opposite party cannot contend that the plaintiff shall not have the right to withdraw the suit. On the other hand, the opposite party, namely the defendant, may insist upon awarding cost. If the prayer is not for withdrawal of the suit simplicitor, but with a rider that the permission must be coupled with a leave to file a fresh suit in respect of the same subject matter, then the Court has to decide w