Raja Naik 05 October 2024
Hi,
We have a civil case running in court for almost 5 years and we are now planning to withdraw the case and come to agreement with the defendants. Question i have is can we withdraw the case without defendants permission or do we need defendants permission?
After withdrawal, we are planning to register the land to other party, will there be any problem if we register the land?
T. Kalaiselvan, Advocate (Advocate) 05 October 2024
You may have to file a petition under order 23 rule 1 of cpc to withdraw the suit by serving a copy of petition to the defendant.
Advocate Bhartesh goyal (advocate) 05 October 2024
You can withdraw the case but have to get no objection from defendants.
Dr. J C Vashista (Advocate ) 06 October 2024
Being dominus litus (master of the litigation) you have all rights to withdraw it at any time, where defendant may or may not concur.
Move an application under Order XXIII Rule 1 CPC through your lawyer for withdrawal of the suit.
However, if you can convience the defendant and withdraw the suit through mediation proceedings (under Section 89 CPC) you can claim refund of "court fees" paid by you.
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