ORDER :- This civil revision Petition arises out of an order made by the learned District Munsif, Sirkali, granting permission to withdraw the suit filed by the plaintiff as a pauper with liberty to file a fresh suit. The order is purported to have been made under O. 23, R. 1, Civil P. C.

2. The plaintiff is a widow and there was an earlier suit brought by her for maintenance against the estate of the joint family. She is the widow of the deceased brother of the first defendant. Her husband had predeceased her father-in-law. The suit was O. S. No. 231 of 1945 and there was a compromise decree in that suit. Maintenance was agreed to be paid at the rate of 24 kalams of paddy and cash of Rs. 60 per year, as the father-in-law was bound to maintain her under a moral obligation.

3. The present suit is for maintenance against the defendants filed after the death of her father-in-law for 60 kalams of paddy and cash of Rs. 60 per annum. The suit also comprised a claim for past maintenance from April 1952 to the date of the plaint. After the suit was instituted and the written statement was filed and issues were framed, the plaintiff put in the present application, out of which this r