ANGREZ SINGH Vs. GAJJAN SINGH

JUDGEMENT

(1.) This is a rule obtained by the defendant Angrez Singh against an order passed by Mr. Ishar Singh, Subordinate Judge 1st Class, Fazilka, dated the 20th March 1953 allowing withdrawal of the suit under Order 23, rule 1 (2) of the Code of Civil Procedure.

(2.) On the 20th of March 1953 an application was made by Gajjan Singh plaintiff stating that there were formal defects as a result of which the suit was likely to fail and which were (1) the plaintiff did not know that Shamsher Singh is the son of Munshi Singh and there he was not made a party, (2) due to wrong fard having been supplied wrong numbers had been entered in the plaint, (3) proper court-fee had not been paid and an objection had been taken on the ground of locus standi of the plaintiff to bring the suit, and on these grounds a prayer was made that the suit be allowed to be withdrawn with liberty to bring a fresh suit.

(3.) Now these are not all formal defects and the court cannot allow a suit to be withdrawn with liberty to bring a fresh suit to give an opportunity to remedy such defects as go to the root of the case and cannot be called formal.