IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI CIVIL REVISION PETITION No. 2367 OF 2009 Between: B.Ramesh @ Ramesh Babu ..... PETITIONER AND B.Ramakrishna and another .....RESPONDENTS Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI CIVIL REVISION PETITION No. 2367 of 2009 O R D E R : The revision petitioner is the plaintiff in O.S.No.486 of 2004 on the file of the Court of the Principal Junior Civil Judge, Ananthapur, which was filed for partition and separate possession of his 1/3rd share in the plaint schedule property. While the suit is coming for evidence, the plaintiff filed I.A.No.648 of 2008 under Order 23 Rule 1(3) of Civil Procedure Code to permit him to withdraw the suit with liberty to institute a fresh suit in respect of the plaint schedule property. The said application was dismissed by the Court below by order dated 16.04.2009 and aggrieved by the same, the present revision petition is filed. Having heard the learned counsel for the petitioner and having perused the material available on record, I do not find any justifiable reason to interfere with the order under revision. The law is well settled that a suit can be permitted to be withdrawn with leave to file a fresh suit only when the Court is satisfied that there was a formal defect and that the suit must fail by reason of such formal defect. Since no such case could be made out by the plaintiff, the Court below had rightly dismissed I.A.No.648 of 2008 observing that the petitioner could have taken steps for amendment of the plaint for rectification of the mistakes. Accordingly, the Civil Revision Petition is dismissed, leaving it open to the revision petitioner to file an appropriate application for amendment of the plaint, if so advised. No costs. _____________ Date: 10.03.2010 G. ROHINI, J. Ivd