Important Legal Definitions

The permission granted by a civil court allowing a plaintiff to withdraw a suit with liberty to institute a fresh suit on the same cause of action, granted only where the suit must fail by reason of a "formal defect" (such as misjoinder or lack of statutory notice) and not a defect on substantive merits.

A plaintiff sues the State government without serving the mandatory two-month prior statutory notice under Section 80 CPC; the court permits the plaintiff to withdraw the suit with liberty to file afresh after complying with Section 80.