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https://blog.scconline.com/post/2018/10/01/withdrawal-of-a-suit-can-be-allowed-under-order-xxiii-rule-3-of-cpc-if-the-defect-is-formal-in-nature-and-such-that-has-no-effect-on-merits-of-the-case/
Withdrawal of a suit can be allowed under Order XXIII Rule 3 of CPC if the defect is formal in nature and such that has no effect on merits of the case