withdraw the present suit

Querist : Anonymous (Querist) 28 February 2010 This query is : Resolved
hi all
i would like to know more about withdraw the os in civil partition suit .

can i put new os on same defendants ?

changing in my plaint pleadings ?

for example :my old plea is suit for partition . i would like to plea for declaration and damage claims suit .

regards

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N RAMESH. (Expert) 28 February 2010
You have to withdraw the suit with permission of the court and by seeking liberty to file another suit on the same cause of action.

Parveen Kr. Aggarwal (Expert) 01 March 2010
Mr. N. Ramesh,

Whether the provisions of Order 23, Rule 1(4) of the Code of Civil Procedure, 1908 are applicable to suit for partition?

adv. rajeev ( rajoo ) (Expert) 01 March 2010
U can withdraw the suit and can file a different nature suit on the same defendants, but whats about limitation? For declaration suit it is 3 years.

adv. rajeev ( rajoo ) (Expert) 01 March 2010

Praveen,
23(1)(4) is very clear Where the plaintiff:
a) abandons ANY SUIT or party of claim under sub-rule(1)

Parveen Kr. Aggarwal (Expert) 01 March 2010
Yes Rajeev. 23(1)(4) is very clear. But for a partition suit once a co-owner withdraws a suit for partition, can he never seek partition of his joint property by filing suit for partition.

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