CHAGLA, C.J. - This is an appeal from an order made by Bhagwati, J., by which he gave the plaintiffs leave to withdraw the suit filed by them with liberty to file a fresh suit. The suit which the plaintiffs had filed was a representative suit and it was filed on 4th October 1949. On 5th October the plaintiffs made an ex parts application for Receiver and an order was made on that application by Tendolkar, J. On 18th October 1949, the plaintiffs solicitors wrote to the defendants solicitors that their clients had been advised to withdraw the suit and they did not propose to proceed with the same and they personally undertook to pay the costs of the notice of motion which was still pending which would be allowed to be dismissed. They further gave intimation to the defendants that they would apply on the following day for the order of withdrawal of the suit with liberty to file a fresh suit. Accordingly an application was made by the plaintiffs attorneys for withdrawal of the suit with liberty to file a fresh suit. The application was made in Chambers and it was on that application that the learned Judge made the order against which this appeal is preferred.

2. Now, a prelimin