CS No. 34 of 2008. 12.5.2008 Present: Mr. Rajeev Sood, counsel for the plaintiff. OMP No. 170 of 2008 and CS No. 34 of 2008. This is an application for withdrawal of suit on the ground that suit has been filed by sole proprietary concern which has no legal entity and the suit is likely to fail on this formal defect. It has also been submitted that on 2.5.2008 notices were ordered to be served on non-applicants for 16.5.2008 in OMP No. 158 of 2008 and earlier respondents- defendants were ordered to be served in the main suit also. The learned counsel has further submitted that non-applicant is withdrawing the suit, therefore, respondents- defendants may not be served in OMP NO. 170 of 2008 and in the suit. I have gone through the application. The applicant- plaintiff is permitted to withdraw the suit. Accordingly suit is dismissed as withdrawn. The notices ordered in OMP No. 158 of 2008 and in the main suit now be not issued to the respondents- defendants, if not already issued. The suit has been dismissed as withdrawn in view of formal defect even before actual service of notices/ summons on respondents- defendants, therefore, court fee be refunded to the applicant- plaintiff in accordance with the rules. OMP Nos. 178 of 2008 and 158 of 2008. In view of the disposal of the main suit, the applications stand disposed of. May 12, 2008. ( Kuldip Singh ), (Hem) Judge.