Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Thursday, 05 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-01-24 allowed

V. Rajendran and Anr vs Annasamy Pandian (D) Thr. Lrs. Karthyayani Natchiar

Bench: 2 — R. Banumathi

In Brief

Appellants sued for an injunction regarding a property described as Survey No. 192/9, but discovered the respondents had transferred it as Survey No. 192/14. After substantial trial progress, they sought to withdraw with liberty to file a fresh suit, citing the survey number discrepancy as a formal defect. The trial court allowed the withdrawal with ₹3,000 costs. The High Court reversed, holding no formal defect was established. The Supreme Court reinstated the trial court's order, holding that confusion in property identification constitutes a formal defect justifying withdrawal under Order XXIII Rule 1(3) CPC, and enhanced costs to ₹10,000 due to delayed withdrawal after substantial trial progress."

The lawyer headnote and full judgment text are available to registered users.

Civil Procedure Withdrawal of Suit Formal Defect Injunction

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login