SYEEDA BEGUM,W/O ISLAM KHAN Vs. BASANT KUMAR, S/O FATEH CHAND AND ORS
HIGH COURT OF UTTARAKHAND
Syeeda Begum,W/O Islam Khan
Basant Kumar, S/O Fateh Chand And Ors
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(2.) This revision is directed against the order dated 03.03.2012, passed by Civil Judge (Sr. Div.) Haridwar, in Suit No. 80 of 2011, whereby said court has dismissed the application 68A moved by the plaintiff for withdrawal of the suit with permission to file a fresh.
(3.) Sub-Rule (3) of Rule 1 of order 23 of Code of Civil Procedure, 1908 (for short C.P.C.) provides that where the court is satisfied that a suit must fail by reason of some formal defect, or that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of a suit or part of a claim, it may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit.;
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