Withdrawal or dismissal of suit.

Ria (Querist) 07 September 2010 This query is : Resolved
Respected experts,

1) If I withdraw suit so as to file it in the court of appropriate jurisdiction, can the opponent ask for costs ?

2) If yes then how can I ask the court for exemption from cost being levied on withdrawal ?

3)If the suit is dismissed for lack of jurisdiction will the court dismiss it with costs?

4) If yes then how can I ask the court for exemption from cost being levied on dismissal?

5) Can I avoid cost being levied by asking for the transfer of the suit to the court, having jurisdiction to deal with the matter ?

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prakash vathore (Expert) 07 September 2010
hi,
Ria, if u awarding cost is the court inherant power. secondly if i m not wrong if you are asking for the return of papers for filing in a appropriate court/foroum then there is no question of cost.

Devajyoti Barman (Expert) 07 September 2010
Yes for the purpose of allowing the petition under order 7 rule 10n A CPC there is no question of cost.

Rajeev kulshreshtha (Expert) 07 September 2010
Yes i agree with Mr. Barman.

Surender Dhull (Expert) 08 September 2010
Firstly the court should be satisfied that the person is innocent then the court have the power to allow to withdraw the same.