Formal defect --- Instances of formed defect are

2023 CLC 2042 

Formal defect --- Instances of formed defect are

( i ) Misjoinder of parties or causes of action which will result in the failure of the suit

( ii ) erroneous valuation of the subject matter

( iii ) insufficient description of the property involved in the suit ;

( iv ) failure to disclose a cause of action ;

( v ) material document not properly stamped

( vi ) non - impleading of necessary party and

( vii ) form of suit .

Withdrawal of suit --- Formal defect , non - disclosure of --- Plaintiff moved an application seeking withdrawal of suit with permission to file afresh --- Trial Court dismissed said application --- Revisional Court allowed revision moved by the plaintiffs against which judgment the defendant invoked constitutional jurisdiction of the High Court contending that the application for withdrawal of suit did not disclose any formal defect --- Validity --- Constitutional jurisdiction of the High Court was though discretionary and used in rare and extra - ordinary circumstances but the present case was a classic one for exercise of such jurisdiction in terms of Art . 199 of the Constitution --- In absence of disclosure of formal defect , the Civil Court was justified to refuse the application seeking permission to withdraw the suit in order to file afresh whereas the Revisional transgressed its powers and Court , had clearly such impugned judgment was illegal and unlawful --- High Court set aside impugned order passed by the Appellate Court and consequently order passed by the Trial Court , dismissing an application for restoration of suit filed by the respondents / plaintiffs , stood maintained ---

2023 CLC 2042