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Civil P.C. (5 of 1908) , O.23 R.1— Withdrawal of suit - Suit for declaration of title -Appellants got themselves impleaded as party defendants during pendency of suit - Appellants in a written statement filed by them specifically reserving their right to take appropriate proceedings and seeking dismissal of suit - Not a case that respondent sought permission to have suit dismissed with liberty to file fresh suit - Order dismissing suit as against appellants proper. (Para 2)