It was not a conditional withdrawal with liberty to file the case in future
It was an unconditional withdrawal
So the case cannot be restored now
The restoration application must be rejected
Probate withdrawn once in Lok Adalat be reinstated by plantiff
Today, the National Lok Adalat, the esteemed District Legal Service Authority, Bhavnagar, has filed a withdrawal petition with the Lok Adalat Bench here on the basis of the OO. The plaintiff Mukulbhai Dineshbhai Trivedi has filed a withdrawal petition with number 75 stating that he does not want to pursue this suit further and voluntarily withdraws it. In those circumstances, based on the above withdrawal petition, the present suit cannot be pursued further and it is ordered to be decided with withdrawal. The parties shall bear their own costs. Removal of the plaintiff's name as per the court fee refund rules. The order was read, signed and declared in the National Lok Adalat today, 09th March, 2024. Place:- Sihore Date 06/03/2024 (Dr. Rakesh Pariani) Principal Civil Judge
Asked 7 months ago in Property Law
Religion: Hindu
12 Answers
During the month of February 2024 plaintiff had submitted his withdrawal of Probat appeal through Withdraw pursues in National Lok Adalat through his Advocate and in the month of March 2024 Nation Lok Adalat has awarded Verdict of order stating that plaintiff had withdrawn his Probat case unconditionally in presence of his Advocate in Principle Senior Civil Judge and Presiding Officer in Court. Now in the month of July 2024 plaintiff wants to restore his Probat case. Can this happen?
Asked 7 months ago
No, the plaintiff cannot restore the probate case once it has been unconditionally withdrawn in National Lok Adalat, especially if:
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The withdrawal was voluntary and unconditional.
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It was recorded in the presence of his advocate.
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The order was signed, declared, and finalized by the Lok Adalat.
Reason:
Verdicts passed by National Lok Adalat are final and binding under the Legal Services Authorities Act, 1987. They are considered decrees of a civil court and cannot be appealed or reopened, except in cases of fraud or coercion, which must be proven in a regular civil court.
Only option:
File a fresh suit with valid grounds, if legally permissible.
If the decision to withdraw the probate suit was passed as a decree by the court without the leave to file a similar suit in future, then this becomes final and if any further suit filed by the plaintiff with the same cause of action would be barred by the law of res judicata.
A probate suit withdrawn by the plaintiff before a Lok Adalat and for which an order has been passed by the presiding officer is generally not allowed to be resumed.
Once a suit is withdrawn and an order is passed, it is considered settled and the plaintiff is typically precluded from filing a new suit on the same subject matter. .
Withdrawal of a suit is considered a final disposition, meaning the case is no longer pending before the court.
There's no legal provision that allows a plaintiff to simply resume a withdrawn suit after an order has been passed.
Order XXIII, Rule 1(3) of the Code of Civil Procedure states that if a plaintiff withdraws a suit without permission to file a new one, they cannot later institute a new suit on the same subject matter.
It cannot be restored
plaintiff has withdrawn the case on his own accord
orders or awards made by a Lok Adalat are considered final and binding on all parties involved. They are treated as a decree of a civil court and cannot appealed against
Cause of action for probate cannot never be extinguished. The plaintiff cannot restore the probate proceedings but he can file a fresh proceedings for grant of probate.
The principle ensures that the intentions of the testator are respected and preserved. “The plaintiff Mukulbhai Dineshbhai Trivedi has filed a withdrawal petition with number 75 stating that he does not want to pursue this suit further and voluntarily withdraws it.” Plaintiff has withdrawn the suit, if he is legatee, he did not forgo his to seek probate. By extension of same principle, there is no limitation for seeking probate. Even after 25 years of death of testator, probate application is admitted and allowed, Lingraj nayak vs. Udhava Nayak, Orrisa High Court.
He can’t restore it if he has wiliingly withdrawn it
- As per Section 21 of the Legal Services Authorities Act, 1987, the award of a Lok Adalat is deemed to be a decree of a civil court. It is final and binding on the parties, and no appeal lies against it.
- Since, the plaintiff himself has withdrawn the case after giving his statement before the Lok Adalat , then it cannot be restored.
Dear Client
Given:
The plaintiff withdrew unconditionally;
The withdrawal was recorded in a Lok Adalat order;
No liberty to refile or restore was sought or granted;
Then restoration is not permissible as a matter of right. The order of Lok Adalat is binding and equivalent to a court decree.
However, an extremely narrow window may exist only if:
The withdrawal was induced by fraud, misrepresentation, or mistake of fact/law, and
These grounds can be proven with cogent evidence, and
A proper application for recall of the Lok Adalat award is made before the competent civil court.
Such challenges are rare and must be grounded in extraordinary circumstances, not mere change of mind.
Adv.Arunkumar Khedia
(Bombay High Court)
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Thankyou.
Dear sir/madam,
The case can't be opened so easily and as per the wishes of the the plaintiff. He will have to first prove as to what was wrong in the Lok Adalat matter.
