Both suits can be clubbed together
make application to court for clubbing both cases
you are always at liberty to withdraw suit filed by you
Withdraw a suit
Last year I filed a declaration suit against defendant for a property matter After 10 days Defendant filed another declaration suit for same property saying this is his property. Both suits are in early stage. Currently status is , In my suit they have filed a reply but I have not filed replication. In Defendant suit, we have arguments due against my application under Order VII rule 11 Now I don't want to continue paying advocate fee for both suits. Since suits are for same property, can I withdraw suit under Order23 Rule1(3) so that if required I will file fresh suit at later stage
Asked 2 years ago in Property Law
Religion: Hindu
11 Answers
You are at your liberty to withdraw the suit filed by you whether with leave or without to file a fresh suit at a later stage.
If I withdraw my suit without court permission or without Order 23 Rule1 (3) Can I file my suit again for same property.....
Asked 2 years ago
The plaintiff withdrawing the suit without the permission of the Court is liable for such costs as the Court may award and is also precluded from instituting any fresh suit in respect of the subject-matter of the suit.
Suit is not a property but it depends on the cause of action alone.
Hence if there's a different cause of action you can proceed
Not without court liberty to withdraw
- You have legal right to withdraw the suit filed by you at any stage with the liberty to file the same
- If you will withdraw the suit without liberty , then a new cause of action is needed to re-file the suit.
- However, you are suggested to withdraw the suit after the outcome of application of order VII rule 11 filed by you in his case.
Dear Client,
A civil law suit for declaration is a lawsuit brought by an individual or organisation to get a ruling or declaration from the court about a particular legal issue. Such a suit is intended to get a formal legal ruling or determination from a court concerning a specific matter or query. The remedy enshrined under Order 7 Rule 11 is an independent and special remedy which enables the court to summarily reject a suit at the very beginning, without proceeding to record the evidence or conduct a trial, if it is against the set grounds. In general, Order 23 Rule 1(3) of the Civil Procedure Code in India allows a plaintiff to withdraw a suit with the permission of the court. However, it's important to note that the court may impose certain conditions or costs while granting permission for withdrawal. also Order 23, Rule 1(3) of the CPC states that a plaintiff must request authorization from the court in its motion for withdrawal if they wish to leave the lawsuit and proceed with a new lawsuit over the same subject matter.
You can withdraw your suit with Court permission with the leave to refile it at a later date if required.
1.You can not withdraw the suit without Court order.
2. If you fail to attend the hearings, your said case will be dismissed for default and in that case you shall haver difficulties in revoking the said case on a later date.
You need to seek liberty from court to withdraw the same and file similar suit on the identical grounds later
Even if you withdraw the suit the court is not bound to give you liberty to file afresh on fresh cause of action.
So decide at your own peril.
