https://www.taxtmi.com/caselaws?id=295810 A defect in the suit property description may amount to a formal defect under Order XXIII Rule 1(3) CPC if it creates a serious identification problem and may render any decree inexecutable. The court may permit withdrawal with liberty to file a fresh suit only where it is satisfied that the suit must fail by reason of such a defect or other sufficient grounds. On the facts, the property was described with an incorrect survey number, while the revenue records and settlement deed referred to a different survey number, affecting identification of the subject matter. The defect was treated as formal, and withdrawal with liberty to institute a fresh suit was held permissible. en-us Tue, 24 Jan 2017 00:00:00 +0530 Mon, 21 Jun 2021 09:33:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295810 A defect in the suit property description may amount to a formal defect under Order XXIII Rule 1(3) CPC if it creates a serious identification problem and may render any decree inexecutable. The court may permit withdrawal with liberty to file a fresh suit only where it is satisfied that the suit must fail by reason of such a defect or other sufficient grounds. On the facts, the property was described with an incorrect survey number, while the revenue records and settlement deed referred to a different survey number, affecting identification of the subject matter. The defect was treated as formal, and withdrawal with liberty to institute a fresh suit was held permissible. Case-Laws Indian Laws Tue, 24 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295810