Whether, on the facts and circumstances of this case, the learned Civil Judge, Senior Division, is correct in permitting the respondents to withdraw the suit with a liberty to institute a fresh suit, is the moot point in this civil revision.

2. The controversy is best understood by referring to the brief facts of the case. On or about 15-2-2010, the respondent, who is the plaintiff in the suit, claiming to be a mentally retarded person instituted a suit against the petitioner for declaration and recovery of khas possession as a consequential relief and also for cancellation of instrument under Section 31, Specific Relief Act, 1963. Some other persons were also impleaded as pro forma defendants without claiming any relief from them. The suit was registered as Title Suit No.19 of 2010. The petitioner contested the suit and filed her written statement. She also filed an application under Order VII, Rule 11 read with Section 151 CPC praying for rejection of the plaint, but the application was rejected by the trial court. The civil revision filed by the petitioner before this Court against the rejection of her application came a cropper. Seven issues were framed by the