WANCHOO, C. J.

( 1 ) THIS is a second appeal by Madhosingh and Jatendrasingh against the order of the Civil and Additional Sessions Judge, Balotra, and has arisen, in the following circumstances.

( 2 ) A suit was filed by the appellants for Rs. 3,100/- on 23-7-1946, in the court of the Judicial Superintendent, Malanee. The suit included two distinct claims based on two separate causes of action. There was an objection as to multifarious-ness. Thereupon the court ordered in May 1947 that the plaint should be amended, and allowed 14 days time to do so.

( 3 ) IN July 1947, the appellants filed two drafts of two plaints--one for Rs. 2,000/and odd, and the other for Rs. 800/- and odd, separating the claims arising out of the two causes of action. The court again ordered the appellants to choose as to which case they wanted to remain in that court, and which they wanted to withdraw. The appellants applied on the 18-11-1947, that they wanted to keep the suit for Rs. 2000/- and odd in that court, and wanted to withdraw the suit for Rs. 800/- and odd with permission to bring a fresh suit. Thereupon, on 26-11-1947, the appellants were allowed to withdraw their claim with respect t