( 1 ) THIS is an application for revision of an appellate order passed by the learned Civil Judge of banaras granting permission to certain plaintiffs to withdraw their suit with liberty to bring a fresh suit under Order 23, Rule 1, Civil P. C.

( 2 ) THE material facts lie within a short compass: one Joshi Ratan Shanker was granted a lease of some lands by the zamindar, Mt. Basant kunwar. The rent due in respect of the lease fell in arrears and a decree for recovery of the same was obtained by the zamindar. In execution ot that decree some of the leased plots were sold at a court auction and purchased by one Baldeo Dass. Thereupon a suit was instituted by the three sons of Joshi Ratan Shanker, one of whom was a minor. It was averred that the decree for rent was fraudulently obtained, that the sale of the leased lands was set aside by the Tahsildar on deposit of the decretal amount and that this order, was subsequently set aside by the Tahsildar which he could not do for want of legal authority and that the entire proceeding before the tahsildar was ultra vires. On the above grounds they prayed for the following reliefs:

" (a) By the decree of the Court it be declared that t