In Brief
A property dispute arose between purchasers and the original owner's descendants. The purchasers filed suit describing the property as Survey No. 192/9, but the respondents transferred the patta (deed) as Survey No. 192/14. After substantial trial progress, the purchasers sought to withdraw the suit citing this discrepancy. The trial court allowed withdrawal with liberty to refile, but the High Court set it aside. The Supreme Court held that the survey number discrepancy constitutes a formal defect affecting the core subject matter of the suit, justifying withdrawal under the Code of Civil Procedure. The Court restored the trial court's order, allowing withdrawal with liberty to institute a fresh suit and enhanced the costs to Rs. 10,000."
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