Devadoss, J.

1. This is an application to revise the order of the District Munsif of Ongole giving leave to the plaintiffs to withdraw the suit with permission to bring a fresh suit. The contention of Mr. Raghava Rao for the petitioners is that the order of the District Munsif was without jurisdiction as none of the grounds mentioned in Order 23, Rule 1 were present in the case. The facts of the case are: The plaintiff brought a suit for declaration that they were reversioners to one Venkatappayya and that a will said to have been executed by him was not executed by him in favour of the defendants. Defendant 1, the mother of Venkatappayya, set up a will and contended that the property was devised to her and defendant 2 absolutely. Daring the course of the suit both the parties agreed that the matters in dispute should be referred to arbitration, and the District Munsif acceded to the request of the parties and sent the case to an arbitrator for passing an award. The arbitrator made an award by which the plaintiffs were to get a small portion of the property and the rest of the property was to be enjoyed by defendant 1 absolutely. When the award came up before the District Mu