Himachal Pradesh High Court:<\/strong>\u00a0The Bench of Tarlok Singh Chauhan, J., allowed withdrawal of an appeal with the liberty to file a fresh petition on account of \u201ctechnical defect\u201d.<\/p>\n

In the present case, the counsel for the appellant submitted that the client actually intended to file a petition under Section 13 of the Hindu Marriage Act. And the cause of action and ground for the petition are entirely different from Section 12 of the same Act, which forms the subject-matter of the present appeal. Therefore, on account of \u201ctechnical defect\u201d, the appeal is bound to fail. However, the counsel for the respondent submitted that the very basis for withdrawal of the appeal is some kind of medical report that is available on the record and has been submitted in compliance to the orders passed by the learned Mediator in the case. Although, the same has not been open yet.<\/p>\n