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ghanshyam kumar (doctor)     17 May 2012

151 cpc withdrawal and re-filing ?

 

CPC 151... withdrawal and reapplication.. possible?

I want to know for one of my relatives... if he can withdraw CPC 151 civil suit and if after the withdrawal he faces the same problem , Can he re-apply in the court again ???


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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 May 2012

Your query is unclear. Come out with facts. Withdrawal of a suit is governed by O.23 - and if leave of court is given at the time of withdrawal then a fresh suit on same cause of action can be filed. Leave is not given in all cases but cases where the suit would otherwise fail for a defect of formal nature or like cause. What is the suit all about ?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 May 2012

Mr.Ghanshyam,

The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing justice. If the ordinary  rules of procedure result in injutice in any case and there is no remedy, it is the duty of the Court to over-ride those rules forachieving the ends of justice. Hence the framers of C.P.C.provided section 151, giving 'inherent powers can be used only if the ordinary rules of procedure result in injustice in any case and there is no other remedy, theycan be broken for the ends of justice'. The inherent powers can be exercised where abuse of process of Court resulted from the mistake  of the Court or by the officers of the Court.I hope you understood.


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