N THE COURT ______________________ LEARNED CIVIL JUDGE LAHORE

In ref: –

VS

(SUIT FOR_________)

APPLICATION UNDER ORDER XXIII RULE 1(2) OF C.P.C FOR WITHDRAWAL OF SUIT WITH PERMISSION TO FILE A FRESH SUIT

Respectfully Sheweth: –

• That the Applicant/Plaintiff filed the above-titled suit which is pending adjudication before this Hon’ble Court.

• That during proceedings, it has come to the knowledge of the Applicant/Plaintiff that the instant suit is [(state reason) – e.g., mis-joinder/non-joinder of necessary parties, defect in valuation, limitation issue, insufficient court fee, technical/formal defect, or other sufficient grounds]

• That under Order XXIII Rule 1(2) CPC, this Hon’ble Court may allow withdrawal of a suit with permission to file a fresh one, if there exist sufficient grounds for allowing the Applicant/Plaintiff to institute a fresh suit.

• That in light of the above legal position, the Applicant/Plaintiff humbly prays for withdrawal with permission to re-institute the suit in accordance with law.

• That no prejudice will be caused to the Defendant by grant of this application, as the Defendant will have full opportunity to contest the subsequent proceedings.

Prayer:

In view of the above, it is most respectfully prayed that:

Allow the Applicant/Plaintiff to withdraw the instant suit; and Grant permission to institute a fresh suit on the same subject matter/cause of action in terms of Order XXIII Rule 1(2) CPC, in the interest of justice.

Any other relief deemed just and proper may also be granted.

Petitioner

                                                                  Through                                                       

                                                                        ADVOCATE HIGH COURT