Hi to all.
As per the advice of a learned advocate, I had earlier started a partition suit for relief which was put up as a counterclaim on my brother's separately running suit. My partition suit comprised of two sections: one for my father's immovable properties and the other for my parents' movable properties. However as it turned out later that this partition claim was erronously suggested by the advocate due to faulty analysis and incorrect data regarding the immovable portion of the suit and as such it has become unavoidable that I either "NOT PRESS" it or Withdraw it (preferably with the option of starting a new Declaration and Injunction suit) for my own benefit. I am still deciding which of the two above options will be better for me.
Therefore my questions are:
1. Can I "NOT PRESS"/WITHDRAW my counterclaim partition suit by stating it as such in my Examination-in-chief with reasons, or a separate application has to be made for this?
2. Can I "NOT PRESS" only the immovable part of the counterclaim partition suit while leaving the partition for movable assets as it is?
3. Since Trial has already commenced in the original suit of my brother for more than a year and it is presently at the evidence stage for defendants, then what is the chance that Hon'ble Judge will allow the Withdrawal of my counterclaim partition suit with the option to start a new Declaration and Injunction suit with Mesne profits from my brother for his forceful possession?
After the fiasco done earlier by my lawyer, I am so paranoid that I am trying to get as many opinions as I can get regarding this case before I decide on my course of action.
