Article 278 — Withdrawal or abandonnient with leave

(1). At any time after the institution of a suit the plaintiff may, as against all or :my of the defendants, withdraw his suit or abandon part of his claim. (2) Where the court is satisfied: (a) that a suit must fail by reason of some formal defect; or (b) that there are other sufficient grounds for allowing the plain- tiff to institute a fresh suit for the subject-matter of a suit or part of a claim, it may, on such tenns as it thinks fit, grant the plaintiff pennission to withdraw from such suit or abandon such pa-rt of a claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of a claim. (3) In any fresh suit instituted on pennission granted under sub- Art. (2), the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted.