1. An order passed by learned Sub Judge, Jammu, on 15th Feb., 1996, whereby the plaintiff-respondent herein was permitted to withdraw the suit with liberty to file a fresh one, is being assailed in the present revision petition.

2. The learned counsel for the petitioner submits that the power could be exercised under Order 23 only where satisfaction of the court is recorded in terms of Order 23 sub rule 3. It is submitted that this is missing in this case, and therefore, the permission granted to withdraw the suit with a liberty to file a fresh one is not in accordance with the law.

3. Before proceeding further, it would be apt to notice as to what was the suit filed and what led the plaintiff to withdraw it and seek a liberty to file a fresh one.

4. The plaintiff-respondent came to the court with a plea that the defendant-petitioner was licencee under him. This respondent is none but the real brother of petitioner. It was pleaded that the plaintiff has revoked the licence, and therefore, he was entitled to regain the possession. A mandatory as well as prohibitory injunction was sought.

5. The defendant petitioner filed the written statement. A plea was taken that the petitione