Surya Kant, J.

1. This civil revision is directed against the order dated 28.7.1984 passed by Additional District Judge, Narnaul, whereby an application moved by the plaintiff (respondent herein) under Order 23 Rules 1 and 2 of the Code of Civil Procedure (in short, the Code) as well as other application under Order 6 Rule 17 of the Code for amendment of the plaint were decided and while accepting the prayer mentioned in the first application, he has been permitted to withdraw the suit with permission to file fresh one on the same cause of action.

2. Aggrieved at the afore-mentioned order that the defendants (petitioners herein) have approached this Court.

3. Briefly stated, the facts are that in the year 1975, a suit for possession by way of partition was filed by the respondent-Ram Sarup. The petitioners contested the same on the plea that the parties were in separate possession of their respective s hares. T he learned trial Court, vide its judgment and decree dated 18.4.1977, dismissed the suit. It may be mentioned here that the following issues were framed by the learned trial Court:-

(1) Whether the site in dispute depicted as ABCDE-FGHI in the plan annexed with the P