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prasad (proprioter)     13 January 2013

Whidrwal of partition suit

In partition suit  plaintiif  failed to bring lr of many defendants in time also some party dismissed cause of stepts not taken.Lawer for paltiff suceeded to widrew original suit after 7 yrs from suit instituted.Court permited to withdraw and and file fresh suit.

Again same story reapetd  after 6 yrs Plaintiff seeking to withdrwal.As defedant we opposing to withdraw suit as a party dismissed is not nesseary party in partition there is not any formal defeact .So without resonable cause suit cant be withdrwan Plaintiff stategy to keep proprty litigation and comple to defedant to give some considartion noting else.If court permits to withdrew shold be with heavy cost to participating defendants.



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 January 2013

A Qualifed withdrawal (i.e withdrawal with permission to sue again) is allowed only when the suit would fail by reason of formal defect (for eg : bar of s.80/failure to implead proper parties/cause of action not disclosed/want of territorial/pecuniary jurisdiciton) in a nutshell anything that prevents the court from deciding on merits. In absence of such a sufficient reason the order permitting withdrawal u/o 23(1)(3) can be challenged. 

 

Good Luck !

 

Bharat

www.facebook.com/AdvocateBharatChughOnTheLawsOfIndia


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