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Defect In Survey Number Of Suit Property Is A ‘Formal Defect’

The Supreme Court, in V Rajendran vs Annasamy Pandian, has held that the defect in the survey number of the suit property will constitute to be a “formal defect” within the meaning of Order XXIII Rule 1(3) (a) of Code of Civil Procedure.

The plaintiffs, in the instant case, had filed the suit describing the suit property as Survey No.192/9 but the respondents are said to have transferred the patta for the suit property settling as Survey No.192/14. The application for withdrawal of the suit in terms of Order XXIII Rule 1 (3) CPC was allowed. But the high court reversed the said order of trial court. The plaintiffs approached apex court.


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