JUDGMENT

The prayer in this original petition is to set aside Ext.P7 order dated 18.06.2024 in I.A.No.1 of 2023 in O.S.No.131 of 2011 of the Munsiff Court, Chavakkad, which had been filed by the petitioner seeking to withdraw the suit with liberty to institute a fresh suit pursuant to the orders of this Court in O.P(C).No.975 of 2014 and in view of some formal errors in the original suit. In Ext.P7, the court has held that the suit is of the year 2011 and the 1^st defendant has filed a written statement with a counter claim and after 13 years of filing the suit, there is no justification for the request made by the petitioner. It is stated that the defects noted are not formal defects and the reason stated in the petition is not sufficient to allow the petition. It is also stated that withdrawing the suit will cause hardships to the defendants especially to the 1^st defendant, who had filed counter claim. It is trite law that a counter claim is as good as a suit and has to be tried like a suit. As such, even if the suit is withdrawn, it will not in any manner affect the counter claim and the counter claim can still proceed as a suit. Hence, the 1^st defendant will not be in any manne