D. P. MOHAPATRA, J.

( 1 ) THE defendant 1 in T. S. No. 40/83 filed before the Subordinate Judge, Parlakhemundi, is the petitioner in this application under S. 115 of Civil P. C. seeking to challenge the order of the Court accepting the application of the plaintiff under O. 23, R. 1 (3) (b), C. P. C. for permission to withdraw the suit with liberty to file a fresh suit. Satyabadi Samal, opposite party 1 in this application, filed the suit impleading the petitioner, Duryodhan Jena and the opposite parties 2 to 9 as defendants therein. The relief sought in the plaint was for permanent injunction restraining the defendant 1 not to interfere with his right, title, interest and possession over the suit property. The gist of the averments in the plaint was to the effect that the plaintiff was the owner of the land comprised in Khata No. 340, Plot No. 733, situated in mouza Gurandi, being his ancestral property. The plaintiff was in possession of the said land and was paying kist for the same before and after the abolition of the Parlakhemundi Estate. The plaintiff and defendant 1 are close relations of each other, the former being brother-in-law (Sala) of the latter and the plaintiffs dau