Withdrawn a suit
Adv M.D.Azhar
(Querist) 30 June 2013
This query is : Resolved
sir in one case plaintiff filed a suit against 12 defendant for the decleration along with temperory injunction by seeking relief that defendant willnot construct the house in the suit land. after receiving the notice defendant filed a suit in which 2 defendants were already died before 2 to 3 years yet they were joined as the defendants therefore the adv of defendants at the time of filling the w.s. file a purshish that defendant no so and so are death. thenafter very next date plaintiff withdarwn a suit by passing the pursis that due to technical fault we want to withdraw the said suit. than after immediately on the same ground and for the same property he has filed another suit so my query is that can he file the suit regarding the same property which is already withdrawn.?
Raj Kumar Makkad
(Expert) 30 June 2013
If withdrawal is with the permission of the court to institute the suit on the same cause of action after eradicating the alleged technical fault then it can definitely be filed again otherwise section 11 of CPC restrains him to file it.
prabhakar singh
(Expert) 30 June 2013
Order 23 of C.P.C deals with cases of Withdrawal of suits by plaintiff.
A suit can be withdrawn by plaintiff any time before a judgment and decree.(see o23.r1)Permission required if minors (see o23.r2).
The withdrawal unless prayed and granted by the court with liberty to file a fresh suit,no fresh suit would be maintainable.(see o23.r3&4).
Section 11 of C.P.C has no role to play in cases where no issue between parties were decided by court.
Hence Section 11 is not applicable to withdrawn suits.
Rajendra K Goyal
(Expert) 30 June 2013
Agree with the expert Prabhakar Singh ji nothing more to add.
Raj Kumar Makkad
(Expert) 30 June 2013
I have already clarified that section 11 of CPC has no application in the given case.
Dr J C Vashista
(Expert) 02 July 2013
I agree with the views expressed by Mr. Parbhakar Singh ji
