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The withdrawal was sought promptly and without evidence of undue hardship or substantial expenses incurred by the defendants; therefore, the suit is withdrawn without an order as to costs.
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The present application is barred by Order XXIII Rule 1(3) of the Civil Procedure Code because it is substantially the same as the previously withdrawn application, and no leave to re-file was sought or granted at the time of withdrawal. The change in phrasing does not alter the substance of the application.
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