BHIMASANKARAM, J. : These Civil Revision Petitions arise out of the two applications under Order 23, rule 1, Civil Procedure Code, filed in two different suits by the 1st respondent in both the Civil Revision Petitions, who was the plaintiff in both of them for permitting him to withdraw the suits with liberty to file a fresh consolidated suit. The earlier of the suits O. S. No. 53 of 1950 was filed against the plaintiffs brother, the 4th defendant and his sons defendants 1 to 3 for partition and separate possession of the plaintiffs share in A, B and C schedule properties, for an account, for future profits, etc. The claim to those properties was rested on a will, dated 22nd August, 1948, executed by the father of the plaintiff and 4th defendant.

The plaintiff alleged that his brother, the 4th defendant, took possession of the properties after the death of their father on 21st August, 1950, since defendants 1 to 3 were also given a life-interest under that will in the A schedule properties and absolute interest in the other half of the B and C schedule properties. The second suit O. S. No. 77 of 1951 was for the recovery of possession of A schedule properties, for division