G. K. MISRA, C. J.

( 1 ) PLAINTIFF's suit was for a declaration that she had taken lease of 254. 25 acres of land in Gonua Iron Mines and for an injunction asainst the defendant. There was a registered agreement between the parties on 10-4-1969. The defendant was a raising contractor under the agreement with a condition to pay royalty on certain terms. The agreement contained the usual arbitration clause. On I6th November, 1970, plaintiff filed the suit. On 8th May, 1971. the trial Court staved the proceeding under Section 34 of the Arbitration Act, and referred the matter to arbitration. Evidence was closed and the case was fixed for argument at 5 p. m. on 4-12-1972. At that point of time, plaintiff withdrew the authority of Sri raniit Mohanty to arbitrate the case as her nominee. On 5-7- 1972 she nominated sri Muralidhar Mohanty as arbitrator. On 11-12-1972 she filed a petition for approval by the Court of the new arbitrator. On 25-1- 1973 she filed an application for withdrawal of the suit under Order 23. Rule 1. Civil P. C. The withdrawal was allowed on 31st, January, 1973, and it is against this order that the civil revision has been filed.

( 2 ) ORDER 23, Rule 1 (1), Civil