JUDGMENT

1. We are invited in this Rule to set aside an order made under Rule 1 of Order XXIII of the Code of Civil Procedure. The petitioner was a defendant in a suit for partition of joint property, and contested the claim, on the ground, amongst others, that the plaint was insufficiently stamped. An issue was raised upon this preliminary point, and after various interlocutory orders, which need not be set out in detail for our present purpose, the Court decided on the 6th January 1916 to determine the question of Court-fees thus raised. On the day following, witnesses were examined, arguments were heard and judgment was reserved. Six days' later, we find the following entry in the order-sheet: "Plaintiffs are permitted to withdraw and bring a new suit. In the special circumstances of the case, I make no order as to costs." What had happend was that on the 12th January, the plaintiffs presented an application to the Subordinate Judge under Rule 1 of Order XXIII of the Code of Civil Procedure. They alleged that the suit as constituted was defective for want of parties and that full relief could not be had, unless the suit was re-constituted. No notice of this application was given