( 1 ) THIS is an application in revision by the defendants against the order of a Munsif of Lucknow granting permission to the plaintiff to withdraw his suit and further to file a fresh suit on the same cause of action. This application in revision originally came up before a learned single judge who thought it desirable, because a large number of decisions had been cited before him on the question whether or not a revision lay, to refer it to a Bench and that is how this revision has now been listed before us.

( 2 ) THE suit out of which this revision has arisen was filed by Shri Thakurji Maharaj Brijman in the house of late Pandit Brahmadin through his Shibait and Sarbarkar, Pt. Hari Shanker. The suit apparently was for a declaration of title to some property. It also is clear, at any rate from the referring order, that the success of the plaintiff depended upon the plaintiff successfully proving the existence of a certain will in his favour. The plaintiff found himself in a curious situation when he discovered that his witnesses, particularly those who were the attesting witnesses of the will, had been won over by the defendants. The plaintiff therefore applied to