Durairaj vs The Revenue Divisional Officer on 2 November, 2022
9. Let us begin with the old decision of out High Court in
E.T.Dharma Raja Vs. K.M.Pethur Raja and Others reported in AIR
1924 Madras 79, wherein the plaintiff had obtained decree against the
defendants against which, only one defendant had filed an appeal, while
the rest of them did not challenge that decree and at the appellate stage,
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C.R.P.(MD)No.53 of 2023
the plaintiff/respondent wanted to withdraw the suit against the appealed
defendant, so that the decree which had already been passed against the
other defendants who had not appealed may be enjoyed by him, this
Court while rejecting the petitioner filed under Order 23 Rule 1 C.P.C.,
has held as follows: