RSA No. 345 of 1999 31.3.2010 Present:- Mr. B.B.Vaid, counsel for the appellants. Mr. K.D.Sood, with Mr. Rajnish K. Lal, counsel for the respondent No.1. The learned counsel for respondent No.1 has submitted that there is formal defect in the suit and, therefore, respondent No.1 /plaintiff may kindly be permitted to withdraw the suit with liberty to file afresh. Mr. B.B.Vaid, learned counsel appearing on behalf of the appellants has not disputed the statement of the learned counsel for the respondent No.1/Plaintiff, rather he has submitted that he has no objection if the suit is permitted to be withdrawn with liberty to file afresh on the same cause of action. In these circumstances, the judgment dated 18.5.1994 passed by the learned Senior Sub Judge, Solan in Case No. 585/1 of 1988 and judgment dated 24.4.1999 passed by the learned District Judge, Solan in Civil Appeal No. 56-NL/13 of 1994 are set-aside. The respondent No.1/plaintiff is permitted to withdraw the suit with liberty to file afresh on the same cause of action. No costs. March 31, 2010. ( Kuldip Singh ) (GR) Judge.