H. SWARUP, J. : This revision was referred to a larger Bench by the learnef Single Jugde at the time of the admission of the revision. The plaintiffs had filed a suit claiming one-third share in the crop grown on the disputed plot in 1371 Fasli and in the alternative a certain sum of money by way of mesne profits. The plaintiffs claimed to be the heirs of one Jhammanlal, who was a cotenant with the contesting defendants. The defendants contested the suit on the ground, inter alia, that the plaintiffs were not the heirs of Jhammanlal and that the crop had not been raised by Jhammanlal. They denied the plaintiffs' right to claim any share in the crop or to get mesne profits. The trial court dismissed the suit. The plaintiffs filed an appeal and in the appeal filed an application under Order 23, Rule 1(2), Civil P. C. with a prayer for withdrawal of the suit with liberty to bring a fresh suit. In the alternative the plaintiffs also prayed for withdrawal of the suit under Order 23, Rule 1(1), Civil P. C. The lower appellate court rejected the plaintiff's application. The present revision has been filed against that order.

2. The court below held that the suit or appeal did not