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2021 Supreme(Mad) 3256

P.RAJAMANICKAM
S. Subramaniam – Appellant
Versus
Pongiammal – Respondent


Advocates Appeared:
For the Petitioner: Mr. V. Lakshmi Narayanan.
For the Respondents: Mr. A. Sundaravadhanam.

ORDER :

This Civil Revision Petition has been filed by the petitioner/plaintiff against the dismissal of his application in I.A.No.20 of 2014 in O.S.No.387 of 2008 on the file of the II Additional District Munsif, Erode, dated 13.03.2014.

2. The petitioner herein had filed an application in I.A.No.20 of 2014 in O.S.No.387 of 2008 on the file of the II Additional District Munsif, Erode, under Order 23 Rule 1 and Section 151 of the Civil Procedure Code, seeking leave of the Court to withdraw the suit in O.S.No.387 of 2008 with liberty to file a fresh suit on the same cause of action. The learned II Additional District Munsif, Erode, by the order dated 13.03.2014 had dismissed the said application. Feeling aggrieved, the petitioner/plaintiff has filed the present Civil Revision Petition.

3. Heard, Mr. V. LakshmiNarayanan, the learned counsel for the petitioner/plaintiff and Mr. A. Sundaravadhanam, the learned counsel for the respondents/defendants.

4. The learned counsel for the petitioner has submitted that the petitioner herein had filed a suit in O.S.No.387 of 2008 on the file of the II Additional District Munsif, Erode, for permanent injunction restraining the respondents herein from

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