Le suit in small cause court
Ramesh Tikamdas Bajaj
(Querist) 16 April 2013
This query is : Resolved
A LE suit has been filed against me in small cause court, Mumbai. The plaintiff has avoided filing evidence for 3 years , on some pretext or the other. The main reason is that the case is blatantly false and the property does not belong to him, so does not have the evidence.; nor has he paid the proper stamp fees. I have already filed my evidence and also given inspection.
I have asked that the case be dismissed at the next hearing because of the above reasons.
Now, plaintiff wants to withdraw the case.
Can he do that to avoid case being dismissed with costs?
Do I have to sign any consent terms, if he makes that a condition for withdrawl? I am unwilling to sign any consent terms.
Pls advise.
Adv k . mahesh
(Expert) 16 April 2013
on what ground he is withdrawing the case there should be a reason on no availability of evidence he cannot withdraw the case
Raj Kumar Makkad
(Expert) 16 April 2013
The plaintiff can withdraw his case at any time even without notice to you and he even do not need your consent.
You can file a suit for damages thereafter if you deem it fit.
