Judgment.- The question involved in this Civil Revision Petition is very simple, namely, whether when a plaintiff files a petition to withdraw the suit with permission to file a fresh suit regarding the same subject-matter, under Order 23, rule 1(2), Civil Procedure Code, the Court has got the right to dismiss the petition telling him that he might withdraw the suit if he wants but that it will not give him permission to file a fresh suit regarding the same subject-matter. The lower Court is said to have dismissed the suit (O.S.No. 95 of 1944) later on, but we are not concerned in this Civil Revision Petition with this alleged later order of dismissal, which is not filed here, on a subsequent unconditional withdrawal or non-prosecution of the suit. I have absolutely no doubt that the lower Court had the right and jurisdiction to pass an order it did. The law regarding the withdrawal of a suit under Order 23, rule 1, Civil Procedure Code, is well settled. Order 23, rule 1(1) gives the plaintiff the liberty to withdraw from a suit unconditionally on finding it unsustainable, or for any other reason. No leave or order is necessary for this. See Lakshman v. Muthayya1 and Mahant v. Pars

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