JUDGMENT (ORAL)

Amol Rattan Singh. J.—By this petition, the petitioners challenge the order passed by the Civil Judge (Junior Division), Chandigarh, dated 21.5.2013 (copy Annexure P-1), by which the application of respondent no.l herein, i.e. Rajinder Kaur, seeking to withdraw the petition pending before that Court under Section 372 of the Indian Succession Act, 1925, was allowed and while allowing her to withdraw the said petition, liberty was granted to her to file a ‘fresh suit’. That part of the impugned order reads as follows:-

‘The issue regarding devolution if property of deceased needs to be determined. Therefore, in view of the above, the present application stands allowed and the applicant is permitted to withdraw the present petition with liberty to file the fresh suit. It is made clear that the permission is granted to the petitioner only to secure the limitation period of fresh suit but not for any other reasons. File be consigned to the record room after due compliance.’

2. As already noticed in the order dated 7.3.2019, Mr.Guliani, learned counsel appearing for the petitioners, had brought attention of this Court to Rule 2 of Order 23 of the Code of Civil Procedure, 1