- An application for withdrawal of the suit with permission to file a fresh suit should not be vague and unfounded but it must specifically state the formal defects on account of which ultimately the suit is liable to be dismissed — On disclosure of formal defects there should be the satisfaction of Court that in fact the defects pointed out are likely to adversely affect the case of plaintiff that a permission to institute a fresh suit is granted by the Court. Karamat Ali Khan and another v. Sardar Ali and 29 others 2001 SCR 312 (B)
- Subsequent suit was filed during the pendency of former suit and the prayer for withdrawing the first suit was made after so many years — Even the prayer was for withdrawal of suit not to reconstitute the fresh suit but to introduce an amendment in subsequent suit — The principle that in presence of first suit the subsequent suit without the permission of Court to reinstitute the first suit on the basis of formal defects squarely applies to cases which are being withdrawn. Karamat Ali Khan and another v. Sardar Ali and 29 others 2001 SCR 312 (C)
error: Content is protected !!