JUDGMENT : Mr. Dharam Chand Chaudhary, J. (Oral) Challenge herein is to the order (Annexure-5) passed by learned Civil Judge (Jr. Division), Court No. 2, Paonta Sahib, District Sirmaur, in an application under Order 23, Rule 1 (3) of the Code of Civil Procedure (in Civil Suit No. 56/1 of 2013), dismissing thereby the application and the permission, as sought, to withdraw the suit with liberty reserved to file afresh, declined. 2. The perusal of the order under challenge reveals that learned Trial Court has dismissed the application for want of required pleading and that there is nothing in the application (Annexure P-3) as to what were those facts and circumstances which resulted in occurrence of fresh cause of action in favour of the petitioner-plaintiff. 3. On the other hand, under Order 23, Rule 1 (3) CPC, a suit can only be ordered to be dismissed as withdrawn with liberty reserved to file fresh, in case the same is likely to fail by the reason of some formal defects or the Court otherwise is satisfied and deem appropriate that fresh suit qua the same subject matter of the dispute needs to be filed. 4. No detail qua formal defect if any in the suit find mentioned in the application Annexure P-3, therefore, learned Trial Court though has not committed any illegality or irregularity in dismissing the application. Mr. N.K. Thakur, learned Senior Counsel has very fairly conceded that the details as necessarily required for the withdrawal of the suit with liberty to file fresh not finds mention in the application Annexure P-3. However, according to Mr. Thakur, the petitioner-plaintiff may not be made to suffer for lapse on the part of learned counsel, who has drafted the application. The submissions so made weigh with this Court and in this view of the matter, the impugned order though is quashed and set-aside, however subject to the condition that the petitioner-plaintiff shall pay Rs. 3000/- as costs to the defendant in the trial Court. The liberty is reserved in favour of the petitioner-plaintiff to file fresh application for withdrawal of the suit and in case any such application is filed, learned trial Court shall consider and decide the same in the light of the observations herein-above and also in accordance with law. The petition is accordingly disposed of, so also pending applications, if any.