( 1 ) A very short and interesting point has been raised in this Revision Petition, namely once the suit has been withdrawn by the plaintiff, can he revoke that withdrawal ?

( 2 ) THIS was the only point raised in this Revision Petition. There are no much facts involved in this case. The short and brief facts are that respondent herein filed a suit against the petitioner who happens to be his son. Summons of the suit were served on the petitioner on 8-1-1993 and he was required So appear in Court on 11-1-1993. On 10-1-1993, respondent herein met the petitioner according to the allegation and agreed to withdraw the suit against the petitioner. He made the following endorsement on 10-1-1993 on the summon issued by the Cour: to the defendant:

"i am withdrawing my above case against my son Bharat Bhushan Gupta which is pending in the Court of Shri Shiv Charan, Magistrate. Other legal formalities would be done by my Advocate,"

( 3 ) SUB rule (1) of Rule I of Order 23, Code of Civil Procedure. gives unqualified right to a plaintiff to withdraw or abandon a suit. Admittedly the Rules does not requi. re any order in the case of withdrawal. No leave or order is necessary. The permi