1. A very interesting question is raised before me. The plaintiff in a suit moved a petition to withdraw the suit under 0.23 R.1(1) of the Code of Civil Procedure. While that application was pending, and apparently before the Court judicially noticed that application, the plaintiff sought to withdraw that application by another application. This was objected to by the 2nd defendant who is the revision petitioner. According to him, when once the plaintiff moves for withdrawal, withdrawal becomes automatically operative and he cannot be allowed to go back upon his earlier motion. This plea was not accepted by the court below and hence the 2nd defendant has come up in revision.

2. It appears to me that if any plaintiff can withdraw a suit at any time after the institution of the suit he can equally well withdraw his application moved under 0.23 R.1(1) of the CPC, before it is acted upon. It is more so because even an application is not contemplated for withdrawal. Withdrawal becomes effective when the plaintiff expresses his intention to withdraw in such manner as to be communicated to the court and it is on such communication that withdrawal becomes effective. By the term