Whether a person can file second suit simply by filing withdrawal pursis in first suit?

[Educator]

Considering that the suit in question was beyond the pecuniary jurisdiction the Application came to be filed for withdrawal of the proceedings under the provisions of Order 23, Rule 1(3) which reads as under.(3) Where the Court is satisfied,-(a) that a suit must fail by reason of some formal defect, or(b) that there are sufficient grounds for allowing the plaintiff toinstitute a fresh suit for