withdrawal of suit At any time after the institution of a suit, the plaintiff may, as against all or any of the defendants, withdraw his suit. Where the court is satisfied-(a) that a suit must fail by reason of some formal defect, or (b) that there are other sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of a suit. It may, on such terms as it thinks fit, grant the plain tiff permission to withdraw such suit with liberty to institute a fresh suit in respect of the subject-matter of such suit.