Code of Civil Procedure, 1908–Order 23, Rules 1 & 3–Petitioner is seeking to withdraw the appeal with liberty to revive the appeal if the terms of the memorandum of the settlement are not acted upon by the respondent in its true letter and spirit–Plea of the respondent that the appellant can be given the liberty to file a fresh appeal–Objection deserves to be negated–Application for withdrawal of appeal is allowed accordingly.
