https://www.taxtmi.com/caselaws?id=313277 Order 23 Rule 1(3) CPC permits withdrawal of a suit with liberty to file a fresh suit where the case must fail for a formal defect, and want of statutory notice may qualify as such a defect. The prior filing of a second suit on the same cause of action before seeking permission was treated as a procedural irregularity, not a ground to refuse leave. The court's inquiry is confined to whether the conditions for withdrawal with liberty are satisfied, not to the maintainability of the later suit. Once permission is granted, the earlier bar is lifted and the fresh suit may proceed in the proper forum. en-us Fri, 20 Feb 1998 00:00:00 +0530 Thu, 04 Apr 2024 17:00:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313277 Order 23 Rule 1(3) CPC permits withdrawal of a suit with liberty to file a fresh suit where the case must fail for a formal defect, and want of statutory notice may qualify as such a defect. The prior filing of a second suit on the same cause of action before seeking permission was treated as a procedural irregularity, not a ground to refuse leave. The court's inquiry is confined to whether the conditions for withdrawal with liberty are satisfied, not to the maintainability of the later suit. Once permission is granted, the earlier bar is lifted and the fresh suit may proceed in the proper forum. Case-Laws Indian Laws Fri, 20 Feb 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313277