Withdrawal of suit
monjula sooresh
(Querist) 17 January 2017
This query is : Resolved
after orders have been passed in a suit and the plaintiff has taken benefit of those orders to his advantage, what is the effect wrt those orders if he withdraws the suit and the court upon his request dismisses the suit as withdrawn? will those orders still stand?
Guest
(Expert) 17 January 2017
Once the Orders had been Passed the Case is Completed and the Next Procedures is Only Following the Procedures of Implementing the Orders.If at all the both sides are ready for a Compromise they could Do it among them selves with out Implementing the Court Orders and the Court's Consent and Involvement would be not Required.Consult Your Advocate for drafting the Compromise Agreement.
Ms.Usha Kapoor
(Expert) 17 January 2017
Agree with Rajkumar alias Narasimha.
Rajendra K Goyal
(Expert) 17 January 2017
It seems full facts are not disclosed, more hide than disclosed.
Please state clear material facts.
monjula sooresh
(Querist) 17 January 2017
The plaintiff fraudulently obtained orders in his favour and implemented them / took advantage of them, like getting a sale deed registered in his name on the strength of the order, obtaining mutation quoting the order / decree. Thereafter the plaintiff behind the back of the defendants and others (not impleaded but dispossessed) whose property has been taken away by the orders, quietly filed a memo for dismissal of the suit as withdrawn, without reference or notice to anyone and on the same day obtained the order as prayed. Under these circumstances do the orders passed earlier which he used to obtain benefit stand after withdrawal because if the suit does not exist in the eyes of law how can the orders passed in it survive?
Rajendra K Goyal
(Expert) 17 January 2017
Full case file and related orders need to be referred, discuss in detail with local lawyer expert in the field.
Dr J C Vashista
(Expert) 18 January 2017
I agree with the opinion/advise of expert Mr. Rajendra K Goyal, nothing can be ascertained without going through the case file.
However, if the suit has been dismissed as "withdrawn" it is back to square, has no effect, i.e., as it was "NOT" filed. Any orders passed by the Court on earlier date(s) having any force/direction, which may fall in favour of either of the parties to the suit shall become NULL AND VOID i.e., ZERO.
Rajendra K Goyal
(Expert) 18 January 2017
Well advised by the expert Dr J C Vashista in the given facts.
monjula sooresh
(Querist) 19 January 2017
Dr. Vashista, thank you very much for your clear and succinct answer. I would be grateful if you could point me to any SC case citation supporting this settled law. Thank you and lawyersclub.
Dr J C Vashista
(Expert) 19 January 2017
Citations/judgments are to be searched by yourself, which is not provided on this platform.
However, the procedure does not require any citations.
Rajendra K Goyal
(Expert) 19 January 2017
Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.
Guest
(Expert) 19 January 2017
The Personal Decisions of Some One should Not be Treated as "Section"s Decision.There are Many Excellent Senior Experts/Advocates who would happily Provide the Required.
Guest
(Expert) 19 January 2017
Concerned Person is Not the Deciding Authority for any" Section" Here
Guest
(Expert) 19 January 2017
They could Personally state that they will Not Provide or they do not have.
Guest
(Expert) 19 January 2017
They are Not Legally authorized to state any statement on behalf of the "Section" Officially Here
Guest
(Expert) 19 January 2017
In future it should be maintained Please.
Guest
(Expert) 19 January 2017
Some times Even Our Advocates used to Request for Citations and that has to be Encouraged and Attended.
Rajendra K Goyal
(Expert) 19 January 2017
Rather to post 6 posts, the expert may have provided some useful contribution, should have provided the citation.
Easy to advice, hard to follow.
Guest
(Expert) 19 January 2017
Childish Advise by a Child/Childish People
Guest
(Expert) 19 January 2017
After Insulting and Succeeding in Stay Back Senior Expert/Senior Advocate Mr.Rajkumar Makkad who had Provided an Excellent Service to the Querist Now they are trying the same with others also.But.......(leave it to your opinion )It is about the Last Post.
Rajendra K Goyal
(Expert) 20 January 2017
Some experts are very serious to increase no. of posts through vague / unwarranted / irrelevant posts. A good method to increase replies without having legal knowledge
Guest
(Expert) 20 January 2017
After his Success in making Excellent Advocate to be Out Of this Forum ------- Child started playing the same game with all Others Especially with Senior Experts/Advocates.
Dr J C Vashista
(Expert) 24 January 2017
Kindly avoid personal remarks against any expert, my humble request to all the participating experts.
Guest
(Expert) 24 January 2017
Dr.J.C.Vashista Ji your Advise is Really appreciated.Your Good Selves should be Certainly Knowing the Senior Expert/Senior Advocate Mr.Rajkumar Makkad Ji.Why he had left this Forum.Because of the Insults done by Child Appearance/Anonymous Person who had not even Complied with his Profile.Another Senior Advocate Mr.J.K.Agrawal Ji also been insulted by him.That is Only with the advantage of Not Providing the Details about themselves.The Child Appearance/Anonymous Not to be Ignored Other wise he would be Crossing his limits with all the Seniors Here.
Guest
(Expert) 24 January 2017
A Criminal who had cheated the Innocent Indian Investors and because of it few investors had Committed Suicide also Was Posing and Posting here and started advising here with Criminal intention and he was fully supported and encouraged by the Child Appearance Anonymous Person Obviously Proving " Tell me your Friend and I would Tell who you are"
monjula sooresh
(Querist) 02 February 2017
Too much confusion. No unanimity in advise. Vasishtaji, please help! the issue unfortunately is still not very clear. please bear with me for one more time!
1. Decree in Trial Court passed on 24.2.1997
2. Appeal against decree filed in HC on 15.3.1997
3. HC issues temp injunction / stay on operation of decree on 18.3.97
4. Despite Appeal and stay Pltff gets Sale Deed executed in his favour in pursuance of decree on 31.3.and 10.4.1997
QUESTION: ARE THE SALE DEEDS VALID AND LEGAL? LEGALLY SPEAKING DOES THE DECREE REMAIN IN FORCE ON 31.3 AND 10.4.97 WHEN APPEAL HAS BEEN FILED AND TEMP STAY OBTAINED?
5. HC ALLOWS APPEAL on 7.2.2000 ordering retrial.
6. Pltff withdraws suit unconditionally and Trial Court passes order of dismissal as withdrawn on 20.9.2004.
QUESTION: SINCE THE DECREE DOES NOT EXIST AS THE SUIT DOES NOT EXIST, DO THE SALE DEEDS EXIST? WHAT HAPPENS TO ALL THE ACTIONS LIKE MUTATION, KHATA TRANSFER ETC OBTAINED purportedly in pursuance OF THE DECREE AND THE SALE DEEDS? ARE THEY VALID AND DO THEY STAND?
Rajendra K Goyal
(Expert) 02 February 2017
Any vague / unwarranted / irrelevant / posts should be avoided.
Neither it is a good habit nor requirement of the thread..
Experts should try to be sober.
Rajendra K Goyal
(Expert) 02 February 2017
Expert Dr J C Vashista ji,
Sorry,
some of the experts does not understand meaning of the words like please, kindly, humble request.
Even they have no honor / respect for the dignity / age / qualification / soberness / experience of the person using such words.
We can not use language understandable to such fellows.
Rajendra K Goyal
(Expert) 02 February 2017
Forum would not gain anything from comments by experts on other experts / contributors.
Rajendra K Goyal
(Expert) 02 February 2017
Respected Dr J C Vashista,
at least such words / treatment can not be hoped from me as the expert need.
