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ABU NASR FAIZI versus ABDUL AZIZ


Withdrawal of suit with liberty to apply fresh exemption on payment of R1 costs, withdrawal of Civil Procedure Code Order XXIII and payment of suit, effect of effect on non-payment of fresh suit by the plaintiff. The court was allowed to withdraw the costs of the defendant with the freedom to file a fresh case for the same, but the costs paid by the plaintiff before filing the second case were not credited to the defendant. No other case for payment of expenses to be paid has been made on condition of submission by the plaintiff. Holding costs before submitting a fresh suit will not affect the suitability of the resulting suit.

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