Dispossesion
sandeep rane
(Querist) 22 January 2014
This query is : Resolved
I f person get dispossed by plaintiff in 2007 and after that he filed civil suit in 2008 which was subsequently withdraw to file fresh suit on the same cause of action then while filing new suit can person seek any remedy under specific relief act for getting possession.
Devajyoti Barman
(Expert) 22 January 2014
The suit is barred by order 9 rule 9 cpc.
T. Kalaiselvan, Advocate
(Expert) 24 January 2014
I respectfully disagree with expert Mr. Barman on this issue. The author's case was not dismissed instead he withdrew the case with the leave of the court for filing fresh suit. His query is that can he seek relief under the provisions of the specific relief act for possession of he property. The answer is yes, he can go ahead.
T. Kalaiselvan, Advocate
(Expert) 24 January 2014
I respectfully disagree with expert Mr. Barman on this issue. The author's case was not dismissed instead he withdrew the case with the leave of the court for filing fresh suit. His query is that can he seek relief under the provisions of the specific relief act for possession of he property. The answer is yes, he can go ahead. A fresh suit though with the same cause of action, the relief intended to add afresh can be done so.
Advocate. Arunagiri
(Expert) 24 January 2014
For what reason he was dispossessed. What is the agreement between the parties?
Based on this I can give my opinion.
ajay sethi
(Expert) 24 January 2014
agree with kalaiselvan
Devajyoti Barman
(Expert) 24 January 2014
Yes i overlooked that it was withdrawn , not dismissed ford default.
Now if the court did not give you liberty to file fresh suit in the same cause of action you can not file suit on the same issue.
