Alexander Thomas, J.

1. The petitioner herein has filed O.P.No.83/2011 before the Family Court, Thiruvalla, for a declaration that he is entitled to get 'A' Scheduled property, reconveyed and half share in 'B' Scheduled property and for realisation of an amount of Rs.15,00,000/- towards the amounts expended by him for the construction of the building, from the respondent herein (wife). Bereft of all the unnecessary details, the gist of the matter as far as it is relevant for the present controversy raised before us is as follows:

2. The petitioner has filed application under Section 151 of the Code of Civil Procedure praying for leave of the court to withdraw the suit to appropriately institute another suit before the court below. The court below considered the said application (Ext.P3) filed under Section 151 CPC and Order XXIII Rule 3 of the Code of Civil Procedure and opined that the question to be decided is as to whether there is any formal defect in the framing of the case enabling the petitioner to withdraw the same with liberty to file a fresh Original Petition.

3. The court below found in the impugned Ext.P4 order that as to what exactly is the formal defect of