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KAMAL DAS   06 April 2024

What do you mean by "liberty to file a fresh suit"

I am a layperson i want to know what do you mean by liberty to file a fresh suit means?
does it means a total restart what about written submissions given will it effect new suit ...???



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     07 April 2024

If the plaintiff desires to file a fresh suit with new facts or pleadings or a new cause of action or to continue with the same cause of action at a later date then in the withdrawal petition he can mention a line requesting the court to permit him to file a fresh suit on the same grounds or different cause of action at a later stage.

This will enable him to avoid the rejection of fresh suit on the grounds of res judicata.

Dr. J C Vashista (Advocate )     07 April 2024

The on-going suit is allowed to be withdrawn and fresh case (suit) is permitted by the Court to be instituted on the same / new facts and cause of action. 


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