This revision petition has been filed by the defendants aggrieved by the order dated 28th September, 2006 passed by the learned Dist. Judge, Jalore rejecting the application of the defendants under Order 7, Rule II, CPC seeking dismissal of the Civil Suit No. 14/2006 on the ground that the earlier civil suit filed by the plaintiff Jogeshwar, namely, Civil Suit No.3/2003 was withdrawn by him under Order 23, Rule 1, CPC on 21-11-2005 without seeking any liberty from the Court to institute a fresh suit and therefore, the present suit subsequently filed was barred in view of Order 23, Rule I, CPC and therefore, the suit deserved to be dismissed at the threshold on an application under Order 7, Rule 11, CPC.

2. Mr. R.K. Thanvi, learned counsel appearing for the petitioners-defendants submitted that in the application seeking withdrawal of earlier Suit No. 3/2003, in which the plaintiff Jogeshwar claiming the same relief, namely, declaration of his adoption by the defendant Dharam Chand and the injunction against him from alienating his property was withdrawn simpliciter and the said suit was dismissed as withdrawn under Order 23, Rule 1, CPC without any liberty on 21-11-2005 and t