IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.202 of 2011 Date of decision: 15.6.2011 Dharampal …. Petitioner Versus Nodhar Ram ….. Respondent Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No For the petitioner: Mr. S.D.Gill, Advocate. For the respondent: Nemo. _____________________________________________ Deepak Gupta, J.(Oral) By means of this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 24.5.2011 passed by the learned Civil Judge (Junior Division), Court No.7, Shimla rejecting the application filed by the petitioner (hereinafter referred to as the ‘plaintiff’) seeking permission to withdraw the suit with liberty reserved to the 2 plaintiff to file a fresh suit on the same cause of action. Such an application can only be allowed if there is a formal defect in the suit on account of which the suit must fail. In the application, it was pleaded that there are two formal defects in the suit; firstly that since detailed description of the property was not given, the suit may fail on this ground; secondly, it was submitted that after filing of the suit, the defendant had transferred the ownership of the suit land in favour of one Sh.Vijay Singh and, therefore, Vijay Singh is also necessary party to the suit. These are the only two formal defects pointed out in the application. As far as the second defect is concerned, Sh.Vijay Singh has now been impleaded as defendant in the suit and, therefore, this excuse is no longer available for withdrawal of the suit. The other ground given was that complete description of the suit property, i.e. the path has not been given and the suit may be 3 dismissed on this ground. The learned Trial Court has clearly observed that the plaintiff can move an application for amendment of the suit giving complete details of the property because this will not, in any manner, change the nature of the suit. The learned Trial Court has taken a correct view of the matter. In view of the above discussion, I find no jurisdictional error in the order of the learned Trial Court. The petition is, therefore, dismissed in limine. No order as to costs. June 15, 2011 ( Deepak Gupta ) (m) Judge