02.09.2024 Mr. Sherder Abul Hossain with

Md. Zahangir Alam, Advocates

.......For the plaintiff-petitioner. Mr. Sree Probir Kumar Ghosh, Advocate

......For the defendant-opposite parties

This is an application for withdrawal of the Suit for formal defect with permission to sue

afresh.

It is contended in the application that the the petitioner as plaintiff filed Other Class Suit No. 39 of 2019 praying for declaration of title in respect of 1.29 acres of land although the learned Advocate at the time of preparation of the plaint described the chain of title of the suit land which ought to have mentioned in the schedule of the plaint but did not resulting the averments of the plaint in comparison with the schedule of the plaint do not disclose the meaningful scene. The constructions of the plaint have been made in a defective way in which the real controversy cannot be adjudicated in accordance with law. It is further contended that in a suit of this nature it is not possible to cure the defect by way of amendment of the plaint and in the attending facts and circumstances the petitioner-applicant needs to withdraw the sui