Code of Civil Procedure, 1908–Order 23, Rule 1–Withdrawal of notice of motion–Allowed–Justification–Suit for administration of properties of deceased–Appellant was the highest bidder–Sale process had already been confirmed and execution of document was directed in his favour–Vested right had been created in his favour–Thereafter, the defendants could not have been allowed to withdraw the notice of motion and appeal ought to be disposed on merits–Impugned order set aside and matter remanded back for deciding in accordance with law.
