https://www.taxtmi.com/caselaws?id=279900 An order granting withdrawal of a suit with liberty to file a fresh suit is appealable because it affects the defendant's valuable right to resist a later suit on the same cause of action, and the absence of prior summons does not change that character. Leave under Order 23 Rule 1(2) cannot properly be granted ex parte, because the Court must hear the opposing party before being satisfied that a formal defect or other sufficient ground exists. Non-joinder of parties is not a formal defect where the omission can be cured by impleadment, and in a representative suit the Court must also protect the interests of the represented class. The withdrawal order was therefore set aside. en-us Fri, 10 Mar 1950 00:00:00 +0530 Wed, 10 Apr 2019 14:50:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279900 An order granting withdrawal of a suit with liberty to file a fresh suit is appealable because it affects the defendant's valuable right to resist a later suit on the same cause of action, and the absence of prior summons does not change that character. Leave under Order 23 Rule 1(2) cannot properly be granted ex parte, because the Court must hear the opposing party before being satisfied that a formal defect or other sufficient ground exists. Non-joinder of parties is not a formal defect where the omission can be cured by impleadment, and in a representative suit the Court must also protect the interests of the represented class. The withdrawal order was therefore set aside. Case-Laws Indian Laws Fri, 10 Mar 1950 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279900