File fresh suit

we had filed suit for permanent injunction in 2021 against vendor .

Vendor replied in a written statement that no property exists as per the schedule mentioned in registration sale deeds so inorder to file suit for title declaration, recovery of possession, or rectification of boundaries, do we need to get permission from court to withdraw and file a fresh suit or just not press old suit and file new suit works?

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3 Replies

Shashi Dhara 18 December 2024

Yes you can withdraw it with court permission to file fresh suit.

Surya R (business) 18 December 2024

sir do i need to notpres old suit or file petition for permission to file fresh suit

Ramesh Chandran 18 December 2024

If you plan to file a new suit for title declaration, recovery of possession, or rectification of boundaries, you must seek permission from the court to withdraw the current suit for permanent injunction with liberty to file a fresh suit. Under Order 23 Rule 1(3) of the Civil Procedure Code, this is allowed if the court agrees that the suit has a formal defect or there are valid grounds for withdrawal. Without this permission, the new suit may be barred by the principles of res judicata. It’s best to consult a civil attorney to ensure the withdrawal is done correctly and the fresh suit is filed without any procedural issues.