• How to request court to not permit plaintiff to file fresh case

On the next hearing date as a party in person(defendant) i have to give my reply to plaintiff's council oral request of withdrawing the case to file fresh case in higher court.

Brief about the case - In Aug 2013 case filed by my own sister on me and asking for declaring the gift settlement deed as null and void. house property is self earned by father. In sep 2015 issues framed. in jan 2016 i filed petition under O7R11b and no counter filed yet by plaintiff.
but plaintiff council has said they want to withdraw the case in oral request and i have asked time to give my reply

so I want your expert guidance in this regard. i have prepared a memo with the following points but i want your inputs and guidance to change it and present in the best way which will make judge to close the case in my favor and they are stopped from filing fresh case


MEMO FILED BY DEFENDANT

 It is submitted to this Hon’ble court that this memo is my counter reply to the oral request made by plaintiff’s Advocate for withdrawing this case.
	My humble request to this Hon’ble court is as follows
1)	Plaintiff should bear the cost
a.	Plaintiff should bear the cost as per the rules of this court and the cost should be given to the defendant. 
b.	Since Aug 2013 till Sep 2015 I have paid Advocate fees to draft counter statements and also to represent me during this period.
2)	Liberty of the Court cannot be given to Plaintiff and Plaintiff should be barred from filing new Cases
a.	In this suit Plaintiff has disclosed a cause of action. 
b.	On Sep 2015 hearing Plaintiff Advocate has requested to frame the Issues and Issues has been framed in this case. 
c.	Plaintiff has also marked their evidences. 
d.	The nature of suit property has not changed and there is absolutely no reason for new cause of action. 
e.	I have also filed a petition IA83/2016 under O7R11b to reject the plaint for under valuating the Suit. 
f.	Plaintiff’s inability to provide proper evidence and inability to prove their allegations cannot be a valid reason for filing a new case in higher court. 


3)	Request for taking up IA83/2016 for discussion – I have filed petition IA83/2016 under O7R11b to reject the plaint. I want my petition to be taken up for arguments so that it can be adjudicated as per law. Plaintiff has filed this case by hiding facts, by giving wrong information and also not paid proper court fees by deliberately under valuating this Suit. So this case is fit be to rejected and dismissed under O7R11b. 

Dated at Alandur this the 17th day of March 2016



Party in Person				X_________________
			 Defendant