V. Rajendran & Anr. vs. Annasamy Pandian Thr. LR’s. Karthyayani Natchiar – (SC)

Code of Civil Procedure, 1908– Order 23, Rule 1(3)–Withdrawal of suit–Permission for–Defect in survey number of the suit property–Entire proceedings would be fruitless, if the decree holder is not able to get the decree executed successfully–Defect is a formal defect within the meaning of Order 23, Rule 1(3)–Held, trial Court rightly granted the permission–Impugned order of High Court set aside and order of trial Court restored with enhancing the cost.