Execution of rcr

S.Lakshmikanthan (Querist) 23 May 2014 This query is : Resolved
hello sir,

my client filed e.p to execute RCR exparte order. but now he wants divorce on the ground of noncompliance of that order by his wife. so he wants to withdraw the e.p in its 1st hearing itself. what is the procedure to withdraw it. do we have to file a petition to withdraw it, or a memo shd be filed, or do my client have to appear and endorse the same in the E.p petition itself? what to do, suggest me.
thanks.

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adv. rajeev ( rajoo ) (Expert) 23 May 2014
Just he will have to file a memo that Dhr., doesn't want proceed with the case. Hence it may kindly be disposed off.

Devajyoti Barman (Expert) 23 May 2014
Yes, file a withdrawal petition. It will be allowed.

Rajendra K Goyal (Expert) 23 May 2014
Should file memo mentioning not want to proceed with the EP, which may be disposed off.

S.Lakshmikanthan (Querist) 24 May 2014
DEVA JYOTI AND RAJENDRA SIR,
BOTH OF YOU NOT CONFORM ,WHETHER PETITIONER APPEARANCE IS MUST OR NOT FOR FILING WITH DRAW PETITION?

Devajyoti Barman (Expert) 24 May 2014
yes, petitioner needs to be physically present.
The withdrawal petition must be supported by affidavit.

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