IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :07.01.2026 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.36 of 2026

1.Pappathi Kumar (died)

2.Chandran

3.Sumathi 4.Jeevitha

5.Naveenatha Krishnan

6.Prasanth

7.Indumathi ... Petitioners vs.

O.S.Dhilip ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and final order dated 03.09.2025 passed by the I Additional District Munsiff, Salem in I.A.No.4 of 2025 in O.S.No.270 of 2010.

For Petitioner : Mr.L.Mouli For Respondent :Mr.M.Elango

O R D E R

The Civil Revision Petition is filed challenging the order passed by the trial Court, dismissing the application filed by the petitioner seeking permission to withdraw the suit with liberty to file a fresh suit on the same cause of action.

2. It is settled law, the liberty can be granted to the plaintiff to withdraw the suit and file a fresh suit based on the same cause of action only in case of any formal defect in the plaint or any other sufficient grounds. In the affidavit filed in support of petition seeking permission to withdraw the suit with liberty, the petitioners have not stated any reason or formal defect in the pla