ORDER

Plaintiff in O.S.212/2002 on the file of the Court of the Principal Munsiff of Kochi challenges in this revision the order dated 27.3.2003 by which the Court below rejected the prayer made by the petitioner to withdraw the Suit with liberty to institute a fresh Suit.

2. The suit is filed for partition and separate possession of the petitioner’s share. The defendants disputed the right of the plaintiff to get a share. Evidence on the side of the revision petitioner, plaintiff, was over. According to the defendants 1 and 2, they alone are entitled to kudikidappu right.

3. Application under Order 23 Rule 1 was filed on the ground that the defendants 1 and 2 did not adduce any evidence and they suppressed the material facts and documents and therefore, it is necessary for the plaintiff to adduce more evidence to establish her claim. There is no case for the plaintiff that the suit must fail because of any formal defect and therefore, it is necessary to permit her to withdraw the suit with liberty to file a fresh Suit.

4. The Court below noticed that the failure of the plaintiff to produce sufficient evidence at the trial is not a ground to permit her to withdraw the suit with liberty