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K.K.VERMA (CHIEF MANAGER(ANTI ADULTERATION CELL))     21 December 2014

New suit for partition after first suit dismissed in default

Respected Sir,

Please Guide if one can file a New Suit for Partiton after the Original Suit for Partition and Possession is dismissed in default (next date of Hearing was given as 11.3.14 for which defendant requested for 13th Instead of 11th is typed as 13.2.14 while all the parties noted as 13.3.14 and appeared in court on 13.3.14 to find that suit has been dismissed in default on 13.2.14) The suit was at Evidence stage & during restoration process ordered for Sine Die this month.

Regards



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 December 2014

Dear, File a suit for restoration of suit .... Kapil chandna adv. 9899011450

K.K.VERMA (CHIEF MANAGER(ANTI ADULTERATION CELL))     23 December 2014

Thank you Sir,

But some how my Advocate is suggesting to Institute New Suit in East District Court instead of restoring in Tis Hazari Court which is not the right District Court in view of the fact that Property and Parties live in East Delhi.

K.K.VERMA (CHIEF MANAGER(ANTI ADULTERATION CELL))     23 December 2014

Thank you Sir,

But some how my Advocate is suggesting to Institute New Suit in East District Court instead of restoring in Tis Hazari Court which is not the right District Court in view of the fact that Property and Parties live in East Delhi.

Any disadvantage or prohibition. What are the precautions needed while filing New Suit.


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