Dear Seniors and experts,kindly advice me how to handle this suit while other side not allowing to withdraw to file fresh suit Thanking you
IN THE HON’BLE DISTRICT MUNSIF COURT
I.A.No. of 2016
In
O.S.No. of 2015
… Petitioner/Plaintiff.
- Vs –
.. Respondent / Defendant.
AFFIDAVITE OF .........
1. I am the plaintiff herein and as such I am well acquainted with the fact of this case. Further as per the permission petition filed by me and filing this present petition for withdrawal of the above suit.
2. I submit that somehow the vital documents pertaining the suit property in Survey No.........to that extent of........ Acre ....... cents belongs to seven owners one of my principal at the same time the sale deed of the seven owners there is a annexed plan duly registered by the S.R.O........... the sheet anchor of the plaintiff case is completely altered mutilated the original plan and effaced the vendor of defendant herein.
3. I submit that the defendant without verifying the antecedant title deed pertaining in Survey No.......... consisting to that extent of...... Acre .......Cents and also extent of land in Survey No. ...... at measuring of .....Acre .... Cents however entirety of the land in the above Survey No.........and ....is total extent of ........Acres
4. I Submit that only out of .... Acre .... Cents for the purpose of enjoyment of the land annexed plan showing a common road while so the owners of Survey No......... have given power of attorney to one Mr................ who caused havoc by also without any semblance of right to knock away the properties belongs to Plot owners of ............as per document sale deed dated clandestinely completely given a go by of the .... feet Road here marked as per the sale deed with plan annexed which was not available to me at the time of filing the above suit.
5. I submit that subsequently I applied for certified copy of annexed plan therefore after going through the written statement by the defendant also pleaded and I am not in possession and now it is just and necessary to overcome the objection raised in the written statement and I may be granted to file the comprehensive suit for the recovery of possession and declaration that the sale deed in relied by the defendant that no title passed to the defendant by virtue of the sale deed Doc.No....... / ......19... dated on ...........
6. I submit that hence I am advised to file the present application to withdrawal above suit and file a fresh suit and above cause of action which came to light after going through the written statement the said sale deed Doc. No........./..... dated on ......... will not bind the plaintiff right title interest respect of Survey No...... consisting......... Acre ..... Cents situated in ........... village ....... Township, ......... taluk , and ......... District. More particularly described the Schedule mentioned property.
It is therefore prayed that this Hon’ble court may be pleased to permit the petitioner / plaintiff to withdraw the above suit O.S.No.......of 2015 with liberty to file fresh suit and pass orders and thus render justice.
Solemnly affirmed at Chennai Before Me
on this ....... day of January 2016
and singed in his name in my presence. Advocate, Chennai.
IN THE HON’BLE DISTRICT MUNSIF COURT AT ...........
I.A.No. of 2016
In
O.S.No. .......... of 2015
… Petitioner/Plaintiff.
- Vs –
.. Respondent / Defendant.
PETITON FOR WITHDRAWAL UNDER ORDER 23 R. 3 (a) (b) OF CPC
For the reasons stated in the accompanying affidavit it is therefore prayed that this Hon’ble court may be pleased to permit the petitioner / plaintiff to withdraw the above suit O.S.No............. of 2015 with liberty to file fresh suit and pass orders and thus render justice.
Dated at Chennai on this ............... day of January 2016.
Counsel for Petitioner / Plaintiff.
