JUDGMENT This appeal has been filed being aggrieved against the judgment and decree dated 18.12.78 passed in C.O.S. No. 6-A of 75 by the Additional Judge to the Court of District Judge, Shajapur permitting the respondent plaintiffs to withdraw the suit with permission to file a fresh suit. A preliminary objection has been raised that this appeal is not maintainable as the order impugned is neither a judgment nor a decree. However, it appears that the appeal has been filed under an impression that after the withdrawal of the suit a decree was prepared by the Court. In any case in view of the facts and circumstances of the case this appeal can be considered as a revision and for that purpose the order impugned is being examined about its illegality. The first point raised by Shri Garg is that the suit for which permission was granted was already filed before the date of the order. He further argues that the cause of action in the other suit is different than the cause of action in the suit which was withdrawn. In such circumstances permission even if granted permitting the plaintiff to file the suit is redundant because the suit was already filed before the permission granted by the Court. In any case two parallel suits are not in existence seeking different reliefs or the same relief. In such circumstances the appeal is disposed of with the observation that the order impugned is redundant in view of the fact that the suit for the filing of which permission was sought was already filed before the date of the order. However, the order granting permission for withdrawal of the suit pending before the Court does not suffer from any infirmity and the order is proper. With the aforesaid observation this appeal is disposed of with no order as to costs.