The petitioners can be permitted to withdraw the suit to file a fresh suit, and they are liable to satisfy the law of limitation while filing the fresh suit.

JUDGMENT :

Prayer: The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 24.03.2020 passed in IA.No.3 of 2020 in OS.No.58 of 2010 passed by the District Munsif, Mettur, Salem District.

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 16.07.2014 passed in IA.No.536 of 2014 in OS.No.58 of 2010 passed by the District Munsif, Mettur, Salem District.

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 16.07.2014 passed in IA.No.537 of 2014 in OS.No.58 of 2010 passed by the District Munsif, Mettur, Salem District.

1. In above all the three civil revision petitions, the petitioners are the plaintiffs. The respondents are the defendants in the suit filed by the first petitioner herein for injunction in respect of the suit property. While pending the suit, the said petitioner filed applications for amendment and also to reopen the case. Both the petitions were dismissed. Aggrieved by the same, the petitioner preferred civil revision petition in CRP.PD.Nos.4252 & 4253 of 2014. Thereafter, the petitioner filed petition seeking permission to withdraw the main suit with liberty to file fresh suit on the same cause of action and the same was also dismissed by the trial court. Aggrieved by the same, the petitioners preferred civil revision petition in CRP.PD.No.2092 of 2020.

2. In CRP.PD.No.2092 of 2020, the learned counsel for the petitioners would submit that originally the petitioners filed suit for injunction in respect of the suit property. After filing written statement, the petitioners came to understand that the suit property was already purchased by the respondents by the sale deed dated 07.03.2005 through the power of attorney. The case of the petitioners is that they purchased the suit property by the registered sale deed dated 08.02.2008 from one Radhakannan. Therefore, the petitioners necessarily have to amend the prayer including the prayer of declaration declaring the title in favour of the petitioners and also declaration declaring that the sale executed in favour of the respondents dated 07.03.2005 as null land void. However, the court below dismissed the petition and also to reopen the suit on the ground that the petitions were filed after commencement of the trial and also prayer sought for in the amendment petition is barred by limitation. Therefore, the petitioners filed petition to seeking permission to withdraw the suit with liberty to file fresh suit. In this regard, he relied upon the judgment of the Hon’ble Supreme Court of India rendered in Civil Appeal No.20007 of 2017 dated 30.11.2017.

2.1 The learned counsel for the petitioners also relied upon the following judgments in support of the contention that the petition sought for amendment of prayer can be allowed and the limitation in question being disputed can be make subject matter of the issue after allowing the amendment prayer.

(i) Ragu Thilak D.John Vs. S.Rayappan and others reported in (2001) 2 SCC 472

(ii) Rameshkumar Agarwal Vs. Rajmala Exports Private Limited and ors reported in (2012) 5 SCC 337

(iii) Chitra Vs. Kannan reported in 2015 (1) CTC 820

3. Per contra, the learned counsel for the respondents submitted that the respondents purchased the suit property from the power of attorney one, Radhakannan, who is the vendor of the petitioners herein by the registered sale deed dated 07.03.2005. The suit property originally belonged to one, Radhakannan and his brothers and sisters. All the brothers and sisters executed settlement deed in favour of Radhakannan and on the strength of the settlement deed, he executed power of attorney on 09.06.2004. The power holder sold out the suit property for valid sale consideration to the respondents herein. The petitioners claim the suit property on the strength of the sale deed dated 08.02.2008 executed by t