Hon’ble A.P. Sahi, J.—This petition has raised an issue of the right of a litigant, in this case a plaintiff, to revoke his right which he has exercised for withdrawing the Suit under Order XXIII Rule 1 of the Civil Procedure Code, which has to be adjudicated in the light of the provision aforesaid coupled with the pronouncements of this Court, other High Courts as well as the Apex Court on the anvil of the ratio of the said decisions, and the scope and applicability of the powers conferred on the Civil Court under Section 151 C.P.C. in dealing with such matters.

2. The outline of the facts of the present case in brief are that the petitioners are the plaintiffs in Original Suit No. 11 of 2010 where the sole respondent is the only defendant. The relief claimed in the Suit is that the defendant be restrained by way of a permanent injunction from alienating the land in dispute to any third party and not to interfere in the possession of the plaintiffs. A copy of the plaint has been filed as Annexure-1 which indicates that the disputed property is a plot over which residential constructions have been raised that belonged to Late Kamta Prasad, the real brother of the petitioner