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D. BHARATHA CHAKRAVARTHY
M. Rajathi – Appellant
Versus
K. Sathasivam (Died) – Respondent
ORDER :
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 05.08.2022 in I.A.No.17 of 2022 in A.S.No.23 of 2009 on the file of the Additional Sub-Court, Thanjavur and allow this civil revision petition.
This Civil Revision Petition is filed against the order of the Additional Subordinate Judge, Thanjavur, made in I.A.No.17 of 2022 in A.S.No.23 of 2009. In the said application, the petitioner/appellant prayed for leave to withdraw the original suit itself with the liberty to file a fresh suit with the declaratory relief. The same was dismissed.
2. The case of the plaintiff is that the suit survey numbers originally belonged to one V.Vadivelu and V.Kandasamy and their sisters Sundarambal and Magilambal. The aforesaid Vadivelu and one Nambi Murugesan as the power agent of the said Kadasamy, Sundarambal and Magilambal, through a registered Power of Attorney dated 09.12.1987, sold the property to one V.K.Ramasamy under a registered sale-deed dated 28.02.1988. In turn, the said Ramasamy sold the suit property to the plaintiff under a registered sale deed dated 20.05.2004. The defendant, who is the adjacent ow
Withdrawal of a suit at the appellate stage is discretionary and cannot be used to evade adverse findings from the trial court.
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.
Plaint is rejected on the ground that there is no proper cause of action to entertain the suit under Order VII Rule 11(a) of CPC.”
Withdrawal of a suit requires sufficient grounds as per Order XXIII, Rule 1(3) of CPC, and belated applications may be dismissed to prevent abuse of process.
A party may not withdraw a suit for injunction to file a fresh suit on the same cause of action if contradictions undermine the basis for the claim.
The court established that withdrawal of a suit under Order XXIII Rule 1 requires the court to be satisfied with the grounds for allowing a fresh suit on the same cause of action.
Revision under Art.227 allows interference only in cases of jurisdictional errors or patent perversities, which were not found here.
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