I have filed a civil suit for partition in my deceased father's property against my mother. Now if I want to withdraw the suit. Is it possible and what is the procedure.
tejinder sethi 30 January 2025
I have filed a civil suit for partition in my deceased father's property against my mother. Now if I want to withdraw the suit. Is it possible and what is the procedure.
T. Kalaiselvan, Advocate (Advocate) 30 January 2025
Order XXIII of Civil Procedure Code, 1908 deals with withdrawal vis-a-vis declares the effects of withdrawal. It means the abandonment of part of a claim in a suit and compromise of suits i.e., adjustments of the suit. Withdrawal of suit is bifurcated into two viz., absolute withdrawal and qualified withdrawal.
You can file a petition before the court under the above referred provision of law through your advocate.
R.K Nanda (Advocate) 30 January 2025
File application in. Court to withdraw your case stating reasons for it's withdrawal and if Court allow your application then Court will dismiss your case as withdrawn.
tejinder sethi 30 January 2025
What is the meaning of court allows ?
T. Kalaiselvan, Advocate (Advocate) 30 January 2025
Court allows means that the court should allow the petition filed by you for withdrawal of the suit.
Believe your advocate has already briefed you about the procedures to be followed in this regard
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