Lalithamma A 09 August 2023

Uncontested - withdrawn meaning in civil suit

Plaintiff filed a Civil Suit for declaration of tittle against Defendents.

But Defendents not received the summons, as the plaintiff did not furnish the correct address of us court directed them to furnish correct address of the Defendents and posted the case after one month.

Suddenly Plaintiff advanced the case and now the court website shows status of the Case as Uncontested - Dismissed

And in explanation on the court website it shows, plaintiff filed IA, allowed permitting the plaintiff to withdraw the suit. Since the plaintiff has withdraw the suit, it is dismissed as withdrawn.

Need expert advive on

1. Can the plaintiff file the suit again

2. What might be the reasons to withdraw the case

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2 Replies

Real Soul.... (LEGAL) 09 August 2023

The pailintiff has withdrwan the suit with liberty to file again . he can file again the suit with any changes he may had to make.

T. Kalaiselvan, Advocate (Advocate) 09 August 2023

If the plaintiff filed an ap[plication under order 23 CPC, which reads thus:

Order 23 CPC Descripttion

1[1. Withdrawal of suit or abandonment of part of claim

(1) At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim:
(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 to institute a fresh suit for the subject-matter of a suit or part of a claim, it may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of the claim.

(4) Where the plaintiff-

(a) abandons any suit or part of claim under sub-rule (1), or

(b) withdraws from a suit or part of a claim without the permission referred to in sub-rule

(3),he shall be liable for such costs as the Court may award and shall be preclude from instituting any fresh suit in respect of such subject-matter or such part of the claim.

Then the plaintiff if permitted to file a fresh suit, he can do so in future: