( 1 ) THIS revisional application arises out of a suit for partition. The plaintiff claimed to be a co-sharer of several properties and prayed for partition allotment and exclusive possession of the property allotted. The suit was originally valued at Rs. 16,000/- for the purposes of jurisdiction and was also valued at Rs. 15/- for the purposes of court-fees. The plaint was subsequently amended by the introduction of several new items of property of which also the plaintiff claimed partition and on such amendment the suit was valued at Rs. 18,000/ -. There was a protracted hearing of the suit. Evidence was adduced for twenty days and argument was heard for another four days. At the close of the argument the plaintiff' found that he could not possibly succeed in the suit and thereupon he applied for withdrawal of the suit with liberty to institute a fresh suit. This application was rejected. The plaintiff moved a further application for withdrawal of the suit. On this application the learned Subordinate Judge made the following order:"as the plaintiff wants withdrawal of the suit the plaintiff do withdraw the same since withdrawal of the suit amounts to dismissal for n