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CITATION REQUIRED ON WITHDRAWL

(Querist) 17 September 2010 This query is : Resolved 
Suit was instituted as small cause suit. Court remanded the file to junior division with direction that suit should be treated as regular suit. Junior division asked to plaintiff to amend his plaint, plaintiff failed to amend and decided to file afresh suit. Now he has filed application for withdrawal. Defendant is suffering from 4 years. Defendant want to ask for cost. Plz suggest favorable case law in support of defendant.
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pawan sharma (Expert) 17 September 2010
Amend the case and proceed further, and not press the withdrawn application.
s.subramanian (Expert) 17 September 2010
Defendant is entitled to press for costs and get it too.
Uma parameswaran (Expert) 17 September 2010
Withdrawal may help defendant to get cost.

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