The Court's decision was influenced by the interpretation of S.115 of the Code of Civil Procedure, 1908 and S.622 of the Code of 1882, as well as previous case law on the matter.

Batten—This is an application in 'revision to set aside the order of an Appellate Court, the Court of the Additional District Judge, Saugor, allowing the plaintiffs to withdraw their suit with permission to bring a fresh suit. The plaintiffs, non-applicants, sued for the possession of laud and for an injunction ordering the defendants to remove a wall and to close a door. In his judgment the Munsif, Saugor, referred to the places concerned by letters marked on a map filed by the plaintiffs- The plaintiff's suit was dismissed.

2. In appeal the Additional District Judge, Saugor, recorded the following orders: ''22nd August, 1919. While the arguments were being heard it was discovered that there were no correct materials on the record to judge which of the two maps on the record was the true map....26th August, 1919 parties admit one of the two maps '' (that filed by the defendants) '' to be correct for the purposes of this case. The map is still imperfect as it does not give distinguishing letters while the judgment of the lower Court proceeds on the other map'' (that filed by plaintiffs) ''which does give distinguishing letters. The whole trial is therefore vitiated..... appellant has presented a petition that I should hold a local impaction.... 27th August, 1919 appellants crave leave to withdraw the whole suit with leave to sue afresh on the ground that the lower Court made a mistake-the parties also being responsible for the same-in not having proper map on the record and in proceeding with the trial without such a map. The only map admitted by both sides to be correct is the defendant's map, but the pleadings recorded are all in the light of plaintiffs' map, the distinguishing letters mentioned in the pleadings and the judgment of the lower Court, and as there are no such corresponding letters in the map of the defendants it is very difficult to connect this map with the pleadings and judgment and decree. I have very carefully gone through the whole of the record and also find the same difficulty. Counsel for the respondents opposes the petition for withdrawal with liberty to sue afresh, but I fail to see what other course is possible under the circumstances. Both sides have erred in basing their pleadings and issues admitted by both of them not to be right, and thus this has the effect of shutting out a fair trial of the suit on the merits, and this fatal failure to supply the basis of a proper trial can only be set right by a trial de novo-Sitaram v. Mt. Chhotkai,1909 5 NLR 88. I therefore set aside the. decree of the lower Court by this order thereby I give leave to bring a fresh suit''

3. I find from the record that both the maps were drawn by the same man, (P. W. 2) Mahadeo Rao. More is shown in the plaintiff's map than in the defendant's map. The defendant's map shows the actual state of affairs at the time it was made, while the plaintiffs' map may be said to include a statement of the plaintiff's claim as to how things ought to be.

4. It appears to me clear that the parties quite understood what were the matters in dispute between them, and exactly what it was that the plaintiffs claimed. I do not think the Additional District judge would have had the slightest difficulty in understanding the nature of the dispute if he had visited the site as he was asked to do, and as he could easily have done as the site is in Saugor town. If necessary he could have called for a further map, and if necessary he could have recast the issues, though I doubt if even this would be necessary. The difficulty caused by the lettering of the issues and judgment was not insuperable and could have been surmounted without necessity of a fresh suit. In other words the Additional District Judge by taking trouble could have got over the difficulties he complains of, which are more apparent than real. By being allowed to bring a fresh suit the plaintiffs gain an undoubted advantage, being thereby enabled to make good defects in their case o