IN THE COURT OF _________ , __________judge, ________

 In the matter of: 

…Plaintiff.

v e r s u s

…Defendant. 

APPLICATION UNDER ORDER 23 RULE 1 READ WITH SECTION 151 OF CPC ON BEHALF OF PLAINTIFF. 

MOST RESPECTFULLY SHEWETH:

1.                   That the plaintiff has filed the above-named suit for _______ and the same is pending before this Hon’ble Court.

2.                   That inadvertently the plaintiff could not notice that _______.

3.                   That the defendant also did not took any objection whatsoever on account of the _______.

4.                   That on the last date of hearing i.e., ____ this Hon'ble Court was pleased to point out this formal defect in the suit of the plaintiff.

5.                   That on account of the said formal defect, the suit of the plaintiff will fail.     

p r a y e r

It is, therefore, most respectfully prayed that this Hon’ble Court may be graciously pleased to grant the permission to the plaintiff to withdraw the present suit with liberty to institute a fresh suit in respect of the subject-matter of the suit and without prejudice to the right of the plaintiff in respect of the subject-matter of the suit under any other law.

 Plaintiff

Through Counsel

Advocate

Place: ______

Dated: ______

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