AHBAN UTHOOL VILLAGE versus AHBAN ZANI VILLAGE
A. XXIII, R1 Specific Relief Act (I of 1877), with permission to withdraw suit with permission to file section 42 suit, with claimant claiming to be withdrawn with permission to file new suit. Was asked to withdraw the case, failed to identify what the formal defects were or what was the reason for allowing the defendants to withdraw the case and file a fresh case for proceedings Due to the material available on the record was to be appreciated and the appellate court should have satisfied itself before applying for the defendants the inappropriate order was approved The appellate court was silent on these points, allowing the case to be withdrawn and a fresh case filed.
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