Code of Civil Procedure, 1908–Order 23, Rule 1(3)–Scope–Suit may only withdrawn with the permission to bring a fresh suit when the Court is satisfied that the suit must fail for some reason for some formal defect or that there are other sufficient grounds for allowing the plaintiff to institute as fresh suit –Although the power to allow the withdrawal of the suit is discretionary and the plaintiff is required to make out a case in terms of Order 23, Rule 1(3) CPC and must ask for leave.
