ORDER

The Civil Revision Petition is filed against the fair and executable order dated 06.12.2021 passed in the application in I.A. No. 2 of 2021 in O.S. No. 94 of 2019 on the file of the Subordinate Court, Manamadurai.

2. The petitioners are the plaintiffs in OS No.94/2019, which is filed for declaration and permanent injunction against the respondents/defendants. Subsequently, the petitioners/plaintiffs withdrew the suit on 25.03.2021. In the suit, the respondents filed a written statement under Order VIII Rule 1 of the Code of Civil Procedure and there is no counter claim in the written statement. After withdrawal of the suit, the respondents/defendants filed an interlocutory application in the suit to treat the written statement as counter claim and also to restore the suit and proceed in accordance with law under Section 151 of the Code of Civil Procedure . The said petition was allowed by the trial Court vide order dated 06.12.2021 and the trial Court ordered for Court fee for the defendants and pursuant to the same, the defendants paid Court fee.

Challenging the said order, the petitioners are before this Court.

3. The learned counsel for the petitioners would submit that though