Withdrawal of civil suit

PEACE KAMAL (Querist) 04 March 2017 This query is : Resolved
Imy brother has filed civil suit against me for getting possession of his share in property. Case at initial stage.we have reached the compromised and he intends to withdraw the case .what procedure for the withdeal of case is to be followed. How much time it takes for court to accede withdraw request

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R.K Nanda (Expert) 05 March 2017
the person who has filed case can withdraw it by giving statement in court on oath that he want to withdraw case and then court will pass appropriate orders.

R.K Nanda (Expert) 05 March 2017
he can also file application in court to withdraw his case stating reasons for doing so.

Guest (Expert) 05 March 2017
I feel instead of Withdrawal of suit you go for Compromise of suit .

The procedure is bit different but can be completed in 2-3 dates

Proper lawful agreement in writing and signed by parties is required.

The Court will also require the agreement to be recorded in its proceedings and then pass decree accordingly.

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Since it is personal matter between sibling , I feel at least regarding immovable property this should be done properly.

Regarding Jwellery or money generally dispute don't arise except oral in family (But in some case it do occurs and go upto court)

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In short adopt proper procedure just don't go for absolute withdrawal as you asked , all compromise must be lawful and recorded in the Court and decree in accordance passed by Court.

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Rajendra K Goyal (Expert) 05 March 2017
Agree with the expert Madhu.

Guest (Expert) 05 March 2017
Agree with Madam RK Goyal

Dr J C Vashista (Expert) 05 March 2017
Simply the case/suit can be withdrawn by plaintiff (your brother) by him by making a statement before the court and/or filing an application to that effect. However, there are number of other issues involved in withdrawal such as:

Whether the compromise was reached in the Court or out of court?

Whether the plaintiff has paid some court fees?

What are the terms and conditions of withdrawal of the suit?

Discuss with your lawyer or your brother's lawyer.

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