JUDGMENT : 1. Heard counsel. Special leave granted. 2. We are of the opinion that rather than remanding the suit to the trial court for further evidence, the High Court could, in the interest of justice, have given liberty to the plaintiff to file a fresh suit on the same cause of action. The plaintiff herein is hereby given permission to withdraw the present suit with liberty to bring a fresh suit on the same cause of action. In the fresh suit, if any, it will be open to both the parties to raise all the contentions which are open to them, irrespective of the Judgments rendered in the present suit by the High Court and Courts below. There will be no order as to costs.