R. N. MISRA, J.

( 1 ) DEFENDANTS in a Title Suit challenge the order of the learned trial Judge permitting the plaintiff to withdraw the suit with liberty to file a fresh suit on the same cause of action.

( 2 ) WHEN the revision application was placed for hearing before one of us, the matter was referred to Division Bench. Two questions have been posed for consideration:- (i) Whether the order of the learned trial Judge in the facts of the case can be sustained ? and (ii) In view of the fact that long before the filing of the revision application a decree has been drawn up, does a revision lie in view of the language of Section 115 of the Code of Civil Procedure ? We will deal with the second aspect first. The learned Munsif by his order dated 14th of March, 1975, allowed the plain tiff to withdraw the suit with permission to file a fresh suit on the same cause of action and even did not pass any order for costs. After this order was passed on 14-3-1975, a decree was drawn up and notified and on 22nd of march, 1975, the decree was sealed and signed. The revision application was filed in this Court on 18-8-1975 and as it was barred by limitation on an application made under Sectio