( 1 ) THE petitioner herein file a suit, O. S. No. 982 of 1966 on the file of the District munsifs Court, Salem, for declaration that the suit wall is common both to the plaintiff and the defendant and for consequential reliefs. It appears that the petitioner obtained an interim order of injunction at the first instance but it was later on vacated at the instance of the respondents herein. After the interim injunction was vacated the petitioner filed an application in I. A. No. 919 of 1968 for permission to withdraw the suit with liberty to file a fresh suit under O. 23, R. 1, Civil P. C. The said application was opposed by the respondent on the ground that the petitioner was not entitled to have liberty to file a fresh suit on the same cause of action. The application was considered by the lower court and it felt that the petitioner has not made out a case for the grant of liberty to file a fresh suit on the same cause of action. But at the same time the lower court granted permission to the petitioner to withdraw the suit without liberty to file a fresh suit on the same cause of action and the court also directed the costs of the suit being paid by the plaintiff to the