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Judgment
N. Ananda
In RSA 1001/2010 this Court has made the following order:
i) The appeal is allowed.
ii) The judgments and decrees passed by the trial court as well as the Appellate Court are set aside.
iii) The matter stands remitted to the learned trial judge for fresh disposal in accordance with law.
iv) It is open for the plaintiff to seek amendment of the pleadings and for the defendants to file additional written statement. They are also permitted to lead evidence on the subsequent amended pleadings.
v) Registry to send back the records forthwith.
After the matter was remanded in terms of the aforestated order, plaintiff instead of following the directions given by this Court in RSA 1001/2010 had made an application to withdraw the suit to file a separate suit on the same cause of action.
The learned trial judge having regard to directions issued in RSA 1001/2010 has rightly rejected the application. There are no reasons to interfere with the impugned order. The petition is accordingly dismissed.