( 1 ) THIS is an application under Order 23 Rule 1, Sub-rule (1), C. P. C. given by the plaintiffs appellants in Second Appeal No. 1757 of 1959 for permission to withdraw the suit filed by them against the defendants-respondents. It is argued on behalf of the applicants that they have an absolute right to withdraw the suit at any stage they like under Order 23, Rule 1, Sub-rule (1) C. P. C. On the other hand on behalf of the opposite parties it is argued that the plaintiffs have no such right at any rate, at this stage. The lower court has given a finding of fact in favour of the defendants-respondents after an elaborate discussion of the evidence produced in the case. This finding is final and binding in second appeal. By allowing permission to withdraw the suit the court will be depriving the defendants of the benefit of the finding of the lower court in their favour. The case has crossed the stage of suit and is now at the stage of second appeal. The defendants-respondents have incurred heavy expenses in fighting out this case. It would not be in the interests of justice to deprive them of the benefit of the plea of res judicata by allowing the plaintiffs appellant