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2024 Supreme(Online)(MAD) 42094

HIGH COURT OF MADRAS
V. Lakshminarayanan, J
M.Gnaneswaran – Appellant
Versus
V.Saravanan – Respondent


Advocates:
Mr.R.Jayaprakash

Table of Content
1. plaintiffs presented the present suit (Para 4)
2. fresh suit is barred by time (Para 5 , 6 , 8)
3. court cannot fix limitation (Para 7)
4. court's ruling on limitation (Para 9)
5. order fixing limitation period (Para 10)

ORDER

2. The civil revision petitioners are the defendants 1 and 2 to the suit. Between the very same parties, a suit had been presented in O.S.No.90 of 2016 before the learned District Munsif cum Judicial Magistrate at Pochampalli. The said suit was sought to be withdrawn with liberty to file a fresh suit on the same cause of action. Accordingly, an application in I.A.No.275 of 2017 was filed in O.S.No.90 of 2016. The said application was allowed by the learned District Munsif cum Judicial Magistrate on 28.11.2019. The learned District Munsif permitted the withdrawal of the suit with liberty to 2/8 file a fresh suit on the same cause of action on the condition that the plaintiffs pay the defendants a sum of Rs.2,500/-. The plaintiffs tendered the sum to the defendants but the defendants refused to accept the same. So the cost was deposited to the credit of the suit and consequently the application stood allowed.

4. The plaintiffs thereafter presented t

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