ORDER :- Having heard the learned counsel for the defendant-applicants, I do not think in the exercise of my revisional jurisdiction I should interfere with the order of the Court below. In fact the order of the Court below is merely an order of correction of a previous order but at the same time it is true that by the terms of the impugned order the suit has been allowed to be withdrawn at the instance of plaintiff, under Order 23, Rule 1 of the Civil Procedure Code.

2. The argument, however, raised on behalf of the applicants was that the defendants having secured a vested right, under the decree of dismissal of the suit by the trial court, the appellate court ought not to have given permission to the plaintiff to withdraw the suit as that would defeat the right of the defendants which enured to their benefit under the decree of dismissal of the suit. Reference was made to a learned Single Judge's decision of this Court In the case of Kedarnath v. Chandra Kiran, AIR 1962 All 263, in which it was held that Order 23, Rule 1, sub-rule (1) does not give an absolute right to the plaintiff to withdraw a suit at the stage of second appeal and the matter lay within the discretion of the c

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