ORDER

The Civil Revision Petition is filed aggrieved by the order dated

09.09.2016 in I.A.No.54 of 2016 in O.S.No.172 of 2008.

2. By the above interlocutory application, the plaintiff has prayed for the permission of the court to permit him to withdraw the suit with liberty to file a fresh suit on the same cause of action. It could be seen that the suit is instituted in the year 2008. The reason on which the permission is asked is that the property is not described properly and that the relief of declaration is not prayed for.

3. The learned Counsel appearing on behalf of the respondent would submit that as far as the description of the property is concerned, earlier itself they filed an application and they were permitted to amend the survey numbers and therefore, that should not cause any major prejudice to the plaintiffs. Secondly, as far as the praying relief of declaration is concerned, the learned Counsel would submit that all the averments relating to the title are already made in the plaint and if they want to introduce a relief of declaration, they can very well seek an amendment in the present suit itself and therefore, for the said reason, when the parties have already gone