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Civil Procedure Code (V of 1908)----- -----O. XXIII, R. 1 (2)-----Withdrawal of suit with permission to file fresh suit-----Formal defect----- Scope----- Suit was dismissed against which appeal was filed wherein plaintiffs moved an application for withdrawal of suit with permission to file fresh one which was accepted by the Appellate Court on payment of cost of Rs. 10,000/-----Validity-----Suit could be withdrawn if there was formal defect in the same-----Application for withdrawal of suit, in the present case, was moved at belated stage when suit had already been dismissed by the Trial Court-----Plaintiffs had failed to disclose the formal defect and their suit was dismissed on the ground of their failure to prove the same-----When defect pointed out was substantial and latent in nature touching merits of the case, the same could not be considered as formal defect in the plaint to make out a ground for the withdrawal of suit-----Impugned order passed by the Appellate Court suffered from illegality and material irregularity which was not sustainable which was set aside and matter was remanded to the Appellate Court for decision on merits-----Revision was accepted in circum-stances. 2001 SCMR 148 and PLD 1981 Pesh. 72 rel. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:----------- Aggrieved of the order of learned Additional District Judge-III, Abbottabad dated 25.06.2011, accepting application of the respondents for withdrawal of the suit with permission to file a fresh one on payment of cost of Rs.10,000/-, the petitioners have moved this Court through the instant revision petition for setting aside the aforesaid order of learned Additional District Judge-III, Abbottabad, and restoration of the judgment dated 11.11.2010, whereby the learned Civil Judge-V, Abbottabad dismissed suit of the predecessor of the respondent/plaintiff for declaration, perpetual injunction, possession and specific performance. 2. The predecessor of the respondents/plaintiff, Muhammad Rafique, had lodged suit against Rustam etc./ predecessor of the petitioners/defendants, wherein, the plaintiff prayed for declaration in respect of the suit land on the basis of certain…

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