JUDGMENT Fletcher, J. - This suit was originally instituted on the 11th December 1905, leave being taken from the Registrar under cl. 12 of the Charter. I ought to Bay the suit was then within time by four days, for the purpose of computing the period of limitation. Subsequently, following the practice laid down under a new ruling relating to cases where leave to sue was granted by the Registrar under cl. 12 of the Charter, the plaint was returned to the Plaintiffs, leave having been given to them to withdraw the suit and file a fresh suit on the same cause of action. Now, for the purpose of considering the question of limitation, it is material to consider whether the leave to withdraw the suit and institute a fresh suit on the same cause of action was granted under sec. 373, Civil Procedure Code, because, if it is so, it is admitted that under sec. 374 of the Code, the present suit is barred by limitation. 2. Now, sec. 373 of the CPC provides:-- If at any time after the Institution of the suit, the Court is satisfied on the application of the Plaintiff (a) that the suit must fail by reason of some formal defect or (b) there are sufficient grounds for permitting him to withdraw from the suit, or to abandon part of his claim with liberty to bring a fresh suit for the subject-matter of the suit or in respect of the part so abandoned, the Court may grant such permission on such terms as to costs or otherwise as it thinks fit. 3. It has been decided in the case of Robert Watson & Co, v. Collector of Rajshahi 18 M.I.A. 160 (1869) that there is no general jurisdiction in this Court to permit a suit to be withdrawn and a fresh suit to be instituted on the same cause of action. 4. Now, is the order made in this suit giving leave to the Plaintiff to withdraw the suit and to Institute a fresh suit ultra vires, or not?. In my opinion sec. 373 does not apply except to cases where the suit is properly proceeding in the Court in which the leave was granted. 4. Now, is the order made in this suit giving leave to the Plaintiff to withdraw the suit and to Institute a fresh suit ultra vires, or not?. In my opinion sec. 373 does not apply except to cases where the suit is properly proceeding in the Court in which the leave was granted. It follows, therefore, that the order giving leave to withdraw the suit is ultra vires and the order can only be regarded as one directing the plaint to be returned to the Plaintiff. In these circumstances, I am of opinion that the present suit comes within time, having regard to the provisions of sec. 14 of the Limitation Act. Mr. Mitter Then the case will be put on the list tomorrow for hearing. THE COURT.--Yes.