N. M. KASLIWAL, J.

( 1 ) THIS civil second appeal by the plaintiff is directed against the judgment and decree of learned Additional District Judge No. 6, Jaipur City, Jaipur, dated Dec. 17, 1981 affirming the judgment and decree passed by the learned Munsif (West) Jaipur City, Jaipur dated Jan. 18, 1975 dismissing the suit of the plaintiff.

( 2 ) THE defendant-respondent No. 3 filed a caveat at the stage of admission of the appeal. On 5-3-1982, arguments in the appeal were heard for a considerable long time and no sooner than an order was going to be dictated in the court, learned counsel, for the appellant made an oral request that he may be permitted to withdraw the suit itself. On this, an order was passed that no oral request could be considered at that stage. Learned counsel for the appellant then prayed for granting time to move an application in writing in this regard. The appellant, thereafter, submitted an application on 8-3-82 under Order 23, Rule 1, Sub-rule (1) read with Section 151, C. P. C. with a request that he was no more interested in prosecuting the present appeal as well as the suit and hence wants to withdraw his suit unconditionally. It was, therefo