1. Yes,if you withdrew the case without getting the case disposed of without merit ,there is no hindrance to file it afresh on the same reon.

2.Since I don't know the merit of your case I can not comment on the outcome of this re filing.

3.However I may repeat there is no bar for filing it afresh now.

have you taken liberty from court to refile the case attime of withdrawal

if so you can refile the writ petition

If you have withdrawn the case with the leave of the court to file a fresh petition at a later stage on the same or other ground, you can very well file a petition again with the same cause of action.

However if it was withdrawn without any permission for filing the same case again in future, it may be hit by res-judicata and it may not be maintainable especially if opponent party objects to it.

In Supreme Court of India

K.S. Bhoopathy And Ors vs Kokila And Ors on 8 May, 2000

Bench: A.P. Misra, Dp. Mohapatra

CASE NO.:

Appeal (civil) 3287 of 2000

PETITIONER:

K.S. BHOOPATHY AND ORS.

RESPONDENT:

KOKILA AND ORS.

DATE OF JUDGMENT: 08/05/2000,

It was held that:

On appeal by defendants 1 & 2 the first appellate court modified the decree relating to the pathway holding that the plaintiffs have no exclusive right of user of the pathway and all the parties are entitled to use the same as it is a common path way.

Being aggrieved by the modification of the decree to the extent noted above the plaintiffs filed the second appeal, S.A, No. 807/96, before the High Court of Madras. Before the said appeal was admitted the appellants filed an application under Order XXIII Rule 1 (3) CPC seeking permission of the Court to withdraw the suit with leave to file a fresh suit. It was averred in the application, inter alia, that no prayer for declaration of plaintiffs" title over the pathway was made in the plaint and in view of the cloud raised against their exclusive title and right of user in the judgment of the lower appellate court it was necessary to withdraw the suit and file a fresh suit properly constituted and seeking appropriate relief. The contesting defendants objected to the prayer in the application on the ground, inter alia, that it was a move by the plaintiffs to get over the finding that they have no exclusive right of user over the suit pathway and that the defendants have also a right of user of die same since it is a common pathway meant to be used by the parties. According to the defendants in the circumstances the permission sought for withdrawal of the suit with leave to file a fresh suit according to the defend-ants could not be granted. The application filed by the appellants was allowed by the High Court in the impugned order.

(a) abandons any suit or part of claim under sub-rule (1); or

(b) withdraws from a suit or part of a claim without the permission referred to in sub-rule (3), he shall be liable for such costs as the Court may award and shall be precluded from instituting any fresh suit in respect of such subject-matter or such part of the claim,"

You may read the full judgment which would throw more light to your question.

Hello,

Filing of the case totally depends on the point as to on what ground it was withdrawn by you before, for more appropriate reply I will have to see the order of the Hon'ble High Court vide which the case was withdrawn.

Regards