Ramesh Narayan (studeny) 03 December 2017
Hello sir/mam, Few years ago,my brother filed a false civil case against me,that my own house should also be partitioned. But, later due to some circumstances... he withdrawn the case and it's considered as "Dismissed as withdrawn". Now he's trying to blackmail me that he'll put same case now. Since the same case is 'dismissed as withdrawn', Is the case is valid now? Or Is it not considered by court for further arguments? Does case can be dismissed at intial stage?
Ghazala Rahman (advocate) 03 December 2017
Ghazala Rahman (advocate) 03 December 2017
Ramesh Narayan (studeny) 03 December 2017
He didn't withdrawn with permission to file again.We've all the documents regarding that.
Can i make i drop this at initial stages.?
Ghazala Rahman (advocate) 03 December 2017
Ghazala Rahman (advocate) 03 December 2017
Ramesh Narayan (studeny) 03 December 2017
Yes...I've took loan from bank for that. I've record for each and every rupee.
Ghazala Rahman (advocate) 03 December 2017
Ghazala Rahman (advocate) 03 December 2017
Ramesh Narayan (studeny) 03 December 2017
He has given withdrawning application.But,magistrate has written "Dismissal as not-pressed".
Is that a problem?
Ghazala Rahman (advocate) 03 December 2017
Vijay Raj Mahajan (Advocate) 03 December 2017
The suit/issues was not decided on merits and only withdrawn by the plaintiff/petitioner, hence a new suit with same facts can be initiated as it will not be bared by the principle of res judicata as provided under section 11 of the Civil Procedure Code.
Ghazala Rahman (advocate) 03 December 2017
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