Witdrawing declaration suite
shobha
(Querist) 07 February 2012
This query is : Resolved
Is there any provision in law to withdraw the declaratin case filed by me either temporarily or permanently since there is another case for partion of joint family property is going on, so that my sisters who also party for the joint family property can attend the case.
V R SHROFF
(Expert) 07 February 2012
yes, it is simple. Just Apply for withdrawal.
If counter claim is filed, both party should apply jointly. with
Deepak Nair
(Expert) 07 February 2012
You have to file an application for withdrawal of the petition and the court will pass an order to that effect.
There is no provision for temporary withdrawal of the petition.
But, if sufficient reasons are shown, you can seek the permission of the court to withdraw the matter with liberty to file it again.
Devajyoti Barman
(Expert) 07 February 2012
The plaintiff under Order 23 of CPC can withdraw the suit at any point of time .
However if at the time of withdrawal of suit the court does not give liberty to file afresh on the same cause of action then subsequent suit on the same cause of action would be barred.
Sailesh Kumar Shah
(Expert) 08 February 2012
There is no provision for temporary withdrawal of the Case.Since another case is already going on, so you can withdraw case.
dev kapoor
(Expert) 11 February 2012
HiI already opined, " you can move the court under order 23 rule 1 & 2 for permission to withdraw suit". As you say temporarily,you may under the same statute seek permission of the court to file 'fresh suit' as well.Else there is no other provision.
