Withdrawal of suit fifor declaration
Kuummaar AS
(Querist) 03 March 2013
This query is : Resolved
Can a civil suit filed before a civil court be withdrawan before issue of notice to other party, subject to permission to re-filing the same with due amendment, if required, before an appropriate court in future. If so, under which law?
Experts may give advice.
Advocate M.Bhadra
(Expert) 03 March 2013
You can withdraw your suit by filing an application under order 23 rule 1 CPC or you can amend your plaint/petition under order 6 rule 17 CPC.
prabhakar singh
(Expert) 03 March 2013
Yes! A suit can be withdrawn u/o 23 r 1 of c.p.c but the permission should be with liberty to file a fresh suit on the same very cause of action,unless order expressly speaks about it,no fresh suit would be possible to be filed.
Better utilize liberty of amendment.
Devajyoti Barman
(Expert) 03 March 2013
You can always withdraw a suit without service of notice to the other party.
Giving liberty to file afresh on same cause of action would be on discretion of the court.
Kuummaar AS
(Querist) 03 March 2013
Can such suit after withdrawal be re-filed by making amendnents in
(a)the subject of the suit and
(b) in the prayer clause.
prabhakar singh
(Expert) 03 March 2013
UNLESS COURT HAS EXPRESSLY ORDERED TO FILE FRESH SUIT AFTER SUCH WITHDRAWAL NO FRESH SUIT COULD BE FILED WAS EXPRESSLY TOLD TO YOU AT THE VERY FIRST INSTANCE.
Kuummaar AS
(Querist) 03 March 2013
Experts may provide a sample of application which can be filed in the court for withdrawal of suit with permission to TO FILE FRESH SUIT AFTER SUCH WITHDRAWAL.
ajay sethi
(Expert) 03 March 2013
oral application would sugffice . seek liberty to file fresh suit . courts generally grant the same
R.K Nanda
(Expert) 03 March 2013
do amendments in the present suit.
R.K Nanda
(Expert) 03 March 2013
do amendments in the present suit.
why u want to withdraw it.
Kuummaar AS
(Querist) 03 March 2013
In fact it is being considered as to which option is better - whether amendment or withdrawal- if changes are to be made in the suit, where notice to the opposite party has not been issued. The changes proposed to be made will be in respect of both of the following:
(a)the Title/subject of the suit and
(b) in the prayer clause.
R.K Nanda
(Expert) 03 March 2013
amendment is better option.
Raj Kumar Makkad
(Expert) 04 March 2013
In the given facts, the best option is to file an application under order 6 rule 17 read with section 151 of CPC seeking amendment is the title of the suit and prayer clause. This is not a big problem. You may even move this application prior to the notice to the defendant.
Kuummaar AS
(Querist) 04 March 2013
It will be highly appreciated, if a sample application for amendment is provided please.
prabhakar singh
(Expert) 04 March 2013
You are seeking an impractical help which can be done only after personal conference and going through your plaint.
Don't you have a lawyer engaged?
Kuummaar AS
(Querist) 04 March 2013
O.K. Thanks please.
Raj Kumar Makkad
(Expert) 04 March 2013
Your lawyer shall have to draft such application as per facts of the case.
Kuummaar AS
(Querist) 04 March 2013
In fact I want to know about common paragraphs, which should appear in all such applications irrespective of facts so that there are no chances of application being rejected for want of those paragraphs.
Raj Kumar Makkad
(Expert) 04 March 2013
Such application is very simple in its drafting consisting just 3-4 paragraphs. Trust upon your lawyer. He is competent enough that is why you have engaged him. Don't try to guide him on this simplest issue.
Kuummaar AS
(Querist) 04 March 2013
In fact I want to know about common paragraphs, which should appear in all such applications irrespective of facts so that there are no chances of application being rejected for want of those paragraphs.
Raj Kumar Makkad
(Expert) 04 March 2013
1. That the applicant is the plaintiff in the above noted suit which is fixed for..........
last relief paragraphs
That it is in the interest of justice to allow the application as per submissions made above.
Place:
Date:
Applicant
Verification
Name of lawyer
These things with the name of the court and title of the case remain same in all such applications.
Kuummaar AS
(Querist) 05 March 2013
Thanks very much. I have also been suggested wordings like "in the interest of justice" "irreparable loss will be suffered otherwise" etc. That is why samples from experts are being sought.
Raj Kumar Makkad
(Expert) 07 March 2013
Most welcome for your appreciation but practically it is very difficult to provide such type of formats by experts being having very limited time and need to attend maximum queries within that period so that maximum persons ma be got entertained.
