JUDGMENT

B. P. DAS, J. — Heard Shri A.K.Mohapatra, learned counsel for the petitioner. None appears for the opposite parties in spite of service of notice.

2. This revision application arises out of the order dated 10.8.2001 passed in T.S.No. 58 of 1998 by which the Civil Judge (Senior Division), Jajpur, has allowed the application filed by the plaintiff under Order 23, Rule 1 of the Code of Civil Proce¬dure (‘C.P.C.’ in short) for withdrawal of the suit and rejected the application filed by defendant No. 2, the present petitioner, under Order 23, Rule 1-A, C.P.C. to transpose him as plaintiff.

3. O.P.No. 1 filed the aforesaid suit against the present petitioner and O.P.Nos. 2 to 4 praying for partition of the suit schedule property. Defendant No. 1-O.P.No. 2-Radhanath Jena filed another suit, i.e. T.S.No. 244/1997, for partition of the above suit property as well as certain other properties. As it appears, by order dated 14.9.2000 passed in Civil Revision No. 16 of 2000, this Court directed the trial Court to dispose of T.S.No. 244/1997 within six months. For the aforesaid reason, the plain¬tiff-O.P.No. 1-Jadunath Jena filed a petition under Order 23, Rule 1, C.P.C. for withdrawa