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~ ~ ~ ~ ~ ~ ~ ~ ~ A suit for declaration and injunction was filed. Ultimately, it came up in the list and evidence was recorded. In the course of the hearing, the petitioners, who are the plaintiffs, could note down that the width of the pathway was incorrectly shown in the plaint. Even though the Commissioner's report and other records revealed a different width of the pathway, the amendment was not made to the schedule of the plaint. Over and above it, the plaintiffs could note down that even though an unregistered association was made a party to the suit as one among the defendants and an order was obtained for leave to sue under Order I Rule 8 CPC, notice was not issued as contemplated under Order I Rule 8 CPC. By reason of such formal defects, the petitioners apprehended that the suit must fail, and therefore, they wanted to withdraw from the suit with leave to file a fresh suit.

2. The court below has dismissed IA.469/2015 by finding that the petitioners have not detailed as to what was the formal defect and further that, the application was too belated. Further, according to the court below, there occurred an error in the width of the pathway mentioned in the plaint and there was no attempt to amend the plaint for correcting the said error. It was on these grounds that the court below dismissed the IA through Ext.P7 order. The said order is under challenge.