Suit for partition again
S K J
(Querist) 19 February 2014
This query is : Resolved
A withdraws the suit for partition of a joint property (for his undivided share) filed against B after mutual oral agreement (without any pressure). Can A again file the suit for partition (due to bad intention) of same property against B?
Devajyoti Barman
(Expert) 19 February 2014
Yes, suit for partition has continuing cause of action and hence subsequent suit on new cause of action is very much valid.
Advocate M.Bhadra
(Expert) 19 February 2014
The plaintiff in a suit has the right and freedom to withdraw the suit filed by him or seek dismissed or file fresh suit at any point of time a defendant has no right to oppose such withdrawal or dismissal. It is also contended that dismissal of the suit would in no way prejudice a defendant in a partition suit as the defendant who wants a partition can always file a fresh suit for partition, and the dismissal of the plaintiff's suit would not in any way affect defendant's right to file such suit.
Rajendra K Goyal
(Expert) 19 February 2014
It can be filed with a new cause of action.
