( 1 ) THE first appellant is the mother of appellants Nos. 2 to 4. She is the wife of Babu Ram, one of the two sons of deceased Kalyan Dass. For himself and on behalf of his sons, appellants Nos. 2 to 4 and another son Rattan Lal, Babu Ram instituted suit No. 567 of 1957 in the Court of Subordinate Judge 1st Class, Delhi, for partition of the suit properties and accounts on the ground that the said properties were joint family properties. The defendants to this suit were his brother Jodhi Ram, the latter s sons and his mother. On December 31, 1957, Babu Ram filed an application merely staling that he inttended to withdraw the suit and did not want to pursue the same and prayed that the suit may be consigned to the record room. Both Babu Ram and Jodhi Ram supported this application by their respective statements recorded on the same date and the suit was dismissed. Liberty was not reserved by Babu Ram either in his application or in his statement in Court to institute a fresh suit in respect of the subject matter of this suit nor was permission granted by the Court to withdraw with liberty to institute a fresh suit. It may be stated that appellants Nos. 2 to 4 are m