Dipak Misra, J.

1. Invoking the civil revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (in short 'the CPC) the plaintiffs-petitioners have assailed the order dated 25-3-96 passed by the Civil Judge, Class-I, Begamgunj in Civil Suit No. 1 -A/94 whereby he has dismissed the application of the present petitioners under Order 23 Rule 1 (3) of the CPC seeking withdrawal of the suit with a liberty to institute a fresh suit.

2. The facts in a nutshell are that the petitioners instituted the aforesaid suit against the defendants for permanent injunction restraining them from raising construction of the road over the suit land. According to the plaintiffs they are the owners in possession of the suit land which is a part of the Khasra Nos. 6 and 7 and the defendants have no manner of right, title or interest in the land in question.

3. The defendants resisted the claim of the plaintiffs contending, inter alia, that the suit land is not a part of Khasra Nos. 6 and 7 but is a part of Khasra Nos. 4.5/1 and 4.5/2 which belongs to them as the same has been gifted to them by the actual owner on 14-12-90. It has been putforth in the revision petition that to