Krishnaswami Ayyangar, J.

1. This is a civil revision petition filed against the order of the Subordinate Judge of Coimbatore in I. A. No. 554 of 1939 on his file. That application was made by the third plaintiff in O.S. No. 33 of 1939 for an order permitting him under Order 23, Rule 1 read with Section 151, Civil Procedure Code to withdraw from the suit and to strike his name off from the record. The learned Subordinate Judge dismissed the application and hence the revision petition.

2. O.S. No. 33 of 1939 was instituted by the first two plaintiffs along with the petitioner for the specific performance of a contract entered into between the first two plaintiffs and the defendant by which the defendant had agreed to reconvey certain properties purchased by him from the former. The properties consisted of a mill and premises and also certain agricultural lands "which belonged to the first two plaintiffs. They sold those properties for a consideration of Rs. 26,000 of which Rs. 17,000 was actually advanced by the defendant and the balance was undertaken to be paid by him towards a Government loan taken by the first two plaintiffs on the security of the property conveyed. Simult