VIKRAMAJIT SEN, J.

( 1 ) THIS Revision is directed against the Order dated 19. 1. 1994 whereby the learned Civil Judge had declined to grant permission to the Plaintiff to withdraw the Suit. The Plaintiff had filed an application under Order XXXIII Rule 1 and Section 115 of the Code of Civil Procedure, stating therein that the Defendant had raised the preliminary objection to the effect that "the Suit as framed is not maintainable and is barred under Section 34 of the Specific Relief Act. " Predicated on this preliminary objection, the Court had framed Issue No. 4 which reads as follows:

"whether the Suit is barred under Section 34 of the specific Relief Act. "it was in these circumstances that the prayer for the withdrawal of the Suit was made by means of the said application. The reason for the rejection appears to be that in the opinion of the Court, the alleged formal defect could be cured by filing an application for the amendment of the Plaint.

( 2 ) ON a holistic reading of the Code of Civil Procedure, one will arrive at the conclusion that the moment a Suit is filed, it need not proceed all the way to a final decision. Order IX contemplates that if a Suit is dismissed for no

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