Ramesh Narayan (studeny) 03 December 2017

Dismissed as withdrawn

Hello sir/mam, Few years ago,my brother filed a false civil case against me,that my own house should also be partitioned. But, later due to some circumstances... he withdrawn the case and it's considered as "Dismissed as withdrawn". Now he's trying to blackmail me that he'll put same case now. Since the same case is 'dismissed as withdrawn', Is the case is valid now? Or Is it not considered by court for further arguments? Does case can be dismissed at intial stage?

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12 Replies

Ghazala Rahman (advocate) 03 December 2017

if he withdrawn with permission to file again , he can file.
your lawyer should collect points favouring to you from the plaint of "dismissed as withdarwan"

Ghazala Rahman (advocate) 03 December 2017

yes it is a greatest victory in favour of your rights. admitted by your bro before court

Ramesh Narayan (studeny) 03 December 2017

He didn't withdrawn with permission to file again.We've all the documents regarding that.
Can i make i drop this at initial stages.?

Ghazala Rahman (advocate) 03 December 2017

If he Did not withdrawn with permission to file again, than legally he is barred from filling same case again. You should refer every where his " dismissal as withdrawn application.

Ghazala Rahman (advocate) 03 December 2017

You wrote earlier "My own house" , did you mean ? house bought from your money.

Ramesh Narayan (studeny) 03 December 2017

Yes...I've took loan from bank for that. I've record for each and every rupee.

Ghazala Rahman (advocate) 03 December 2017

good, Than he can't stand any where against your for this house. Congratulations!!!!

keep safely all evidences.

Ghazala Rahman (advocate) 03 December 2017

even he CAN'T STAND in "dismissal as withdrawn" case. being the same house.

Ramesh Narayan (studeny) 03 December 2017

He has given withdrawning application.But,magistrate has written "Dismissal as not-pressed".
Is that a problem?

Ghazala Rahman (advocate) 03 December 2017

Not at all.

Vijay Raj Mahajan (Advocate) 03 December 2017

The suit/issues was not decided on merits and only withdrawn by the plaintiff/petitioner, hence a new suit with same facts can be initiated as it will not be bared by the principle of res judicata as provided under section 11 of the Civil Procedure Code.