Withdrawal of suit
kotaruraghu
(Querist) 11 August 2014
This query is : Resolved
after eloborate trail, the plaintiff who filed the suit for partition, cancelled the registered gift deed executed by the plaintiff infavour of her son, without any decree during the pendency of the suit and now the matter is posted for judgment, the plaintiff filed "not press memo" before the Hon'ble Court for withdrawal of suit without any reason.is it legal or illegal? what is the legal position
Devajyoti Barman
(Expert) 12 August 2014
One party can always withdraw the suit except in cases where the defendant raises counter claim or if it is partition suit.
In partition suit any one of the parties can transpose himself to the side of the plaintiff and carry on the suit.
ajay sethi
(Expert) 12 August 2014
agree with Mr barman
R.K Nanda
(Expert) 12 August 2014
illegal. let judgement be passed by court.
malipeddi jaggarao
(Expert) 12 August 2014
Plaintiff filed the suit for partition.
Plaintiff cancelled the gift deed executed in favour of his son.
Plaintiff wishes to withdraw the case.
I could not link up second action in the query. Please elaborate.
Rajendra K Goyal
(Expert) 12 August 2014
Plaintiff can always withdraw the case in absence of counter claim.
If the gift deed was cancelled without the consent of all parties it is illegal.
Nadeem Qureshi
(Expert) 12 August 2014
Plaintiff has right to withdraw his/her case at any time before the judgement. nobody can restrain him, court only imposed the cost.
the defendant has right to file counterclaim or suit for damages.
Dr J C Vashista
(Expert) 13 August 2014
I agree with the experts being master dominus the plaintiff can withdraw the suit (Or. XXII R 3 CPC) any time during its pendency.
Cancellation of gift deed by donor is illegal without prior consent of the donee.
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
If what I presume to be right, the plaintiff, who never had a proper title to execute a gift deed in favor of her son, apprehending legal complications in the future had opted to cancel the gift deed, thus the said cancellation will be valid because the donor had no title to gift the same. Therefore, she might have opted for withdrawal of suit as well. This is my presumption, only the author has to clarify the issues if he wants proper opinion from experts.
