Order 23 rule 1 cpc

bhupesh khhurana (Querist) 14 July 2014 This query is : Resolved
i have file a suit challenging the mortgage deed, after application of opposite party under order 7 rule 11, i move the application to withdraw the suit with the liberty to file fresh on the same cause of action as i wants to file the suit as indigent person, but in hurry, after the threatening action of opposite party , i could not file the suit as indigent person. can it permissible, if yes then provide me any law....... Bhupesh khhurana, 9356523910

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Devajyoti Barman (Expert) 14 July 2014
Better withdraw the suit praying for leave to sue afresh on same cause of action under order 23 rule 1 cpc.

Rajendra K Goyal (Expert) 15 July 2014
Citation not provided in this section.

Raj Kumar Makkad (Expert) 15 July 2014
Once filed suit cannot be converted as filed on behalf of the indigent person because you have already filed the court fee so better to withdraw the suit with liberty to file afresh as already suggested to you or go ahead.