Partition suit

md neshat ahmad (Querist) 12 September 2015 This query is : Resolved
Dear Sir,

I am one of the plaintiff of title suit filed in 1992 for partition of house. Defendants are also submitted written statement in the court. the title suit is dismissed in 2005 or 2006 as plaintiffs as well as defendants are not giving attendance in the court. I was unable to chase the title suit because I am not living in the same city due to my job.
Now I again want to file a fresh title suit on the same property.
whether I can file new title suit as per the provision of law.

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P. Venu (Expert) 13 September 2015
Was the dismissal on merits?

Rajendra K Goyal (Expert) 13 September 2015
Show full case file / grounds for dismissal to local lawyer and discuss in detail.

ADV-JEEVAN PATIL, MUMBAI (Expert) 13 September 2015
Since dismissed,confirm ground of dismissal n then apply for setting aside. If permissible file feesh suit

T. Kalaiselvan, Advocate (Expert) 20 September 2015
If the suit was dismissed on merits, then you have no chance to file the same on the same grounds with same cause of action, however if it was dismissed for default, you can apply for setting it aside with an application to condone delay.

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