( 1 ) THE order of the Subordinate Judge of Khammammeth refusing to grant permission to the plaintiff in Suit No. 11/1 of 1958 to withdraw the suit with permission to file a fresh suit, is questioned in this revision petition.

( 2 ) THE array of the parties in this suit and the purpose fur which this suit was filed need mention. The plaintiff is a minor and is a son of the 1st defendant. The minor plaintiff has been adopted to the brother of the 1st defendant. The adoptive mother of the minor plaintiff filed this suit to set aside a gift deed executed by his natural father, the 1st defendant, in favour of the 2nd defendant who is the sister of the 1st defendant. Though more than two years have elapsed since the filing of the suit, the trial of the suit has not gone on. On 16-12-1959, an application under Order 23, Rule 1, C. P. C. was filed by the next friend of the minor plaintiff. The next friend alleged in it that the defendant obviously meaning the 1st defendant made strenuous efforts and is not allowing any person to speak the truth and that the requisite evidence is not avail-able for no fault of the plaintiff and that as valuable rights of the minor are invol