What is Difference Between Suit Dismissal and Suit Withdrawa
Querist :
Anonymous
(Querist) 19 April 2010
This query is : Resolved
Dear Experts, Please tell me What is the Difference Between Suit Dismissal and Suit Withdrawal?
A V Vishal
(Expert) 19 April 2010
Withdrawal of suit or abandonment of part of claim: At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim.
Suit Dismissal : Where the parties are at issue on some question of law or of fact, and issues have been frame by the Court as herein before provided, if the Court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such issues, and , if the finding thereon is sufficient for the decision, may pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only or for the final disposal of the suit.
Sachin Bhatia
(Expert) 19 April 2010
When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice.
A lawsuit is a civil action brought before a court of law in which a plaintiff at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw his complaint and end the whole matter, or the defendant may agree to a settlement, which involves a negotiated award followed also by the plaintiff withdrawing his complaint and the settlement entered into the court record.
Raj Kumar Makkad
(Expert) 19 April 2010
I have similar opinion as of other experts on this issue.
O. Mahalakshmi
(Expert) 25 April 2010
Withdrawal means= Suit withdrawn by the Plaintiff.
Dismiss means= The Court will dismiss the suit if the plaintiff not attended before the Court.
