N. L. Untwalia, J.

1. It is a matter of regret in this case that the erroneous Order of the learned Munsif allowing the plaintiff-opposite party No.1 to withdraw his suit with liberty to sue afresh has been passed by the learned Munsif, as it seems from the order under revision, without applying his mind and without looking to the relevant provisions of the law. This has unnecessarily delayed the disposal of the suit and has served the plaintiffs purpose to some extent, although the order is being set aside by me.

2. The suit was fixed up for hearing on the 29th June, 1960. It was instituted more than three years ago. On the date prior to that, that is, on the 24th May, 1960, he had applied for time to come ready to proceed with the suit. On his application as well as on the application of the defendants for time, the suit was adjourned to the 29th June, 1960. On that date, however, the plaintiff instead of proceeding with the suit filed an application under Order 23, Rule 1 (2) of the Code of Civil Procedure for permission to withdraw the suit with liberty to institute a fresh one on the same cause of action. The reason for seeking that permission, as mentioned in the peti