Application for restoration by plaintiff which was earlier withdrawn by the plaintiff is permissible
vinod bansal
(Querist) 31 August 2012
This query is : Resolved
R/Experts
Application for restoration of suit by plaintiff which was earlier withdrawn by the plaintiff is permissible or not,kindly advice.
Regards
Vinod Bansal Adv
Dr J C Vashista
(Expert) 01 September 2012
Dear Bansal ji,
A case dismissed as withdrawn cannot be restored.
Devajyoti Barman
(Expert) 01 September 2012
Yes, it can not be restored.
You can bring fresh suit on that particular cause of action if only liberty was given at the time of withdrawal of suit.
Else you have to search for new cause of action.
R.K Nanda
(Expert) 01 September 2012
It cannot be restored.
JANAK RAJ VATSA
(Expert) 01 September 2012
cannot be restored but a new cause of action can initiate the process
prabhakar singh
(Expert) 01 September 2012
A 'suit with drawn' and a 'suit dismissed' are two distinct things in law.Former can not be restored.
However if withdrawal was with liberty to file a fresh suit,fresh suit can be brought on the same very cause of action otherwise not.
But there may be circumstances where plaintiff can prove some fraud played on him in his seeking withdrawal of suit by defendant,proving which before the court may result in cancellation of withdrawal order and the same suit then may continue to proceed.
