reinstate the withdrawn case ....possible..?

Querist : Anonymous (Querist) 27 December 2010 This query is : Resolved

can an appealant who filed a case in revenue court against her brothers claiming share in parental agricultural land 1994(which is acquired by state govt)and mattere was pending for years and later she withdraw that case in 2009 by fileing a affidavit but after some time a month or so she again filed an application for reinstateing the case (as she was under her children pressure)what are the remedies available to both the parties.....?

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Bhawani Mahapatra (Expert) 27 December 2010
Dear
Reinstitution a case which was withdrawal earlier is sole discrection of the P.O. If your agrument can satisfy him, its very much possible. The cause of action may be taken in to consideraton for such decision.

Arvind Singh Chauhan (Expert) 27 December 2010
When the withdrawal application is filed. See Order 23 of C.P.C., Court may permit to withdraw case with a leave to file fresh case or not. So you must see the order on withdrawal application first. Then step accordingly.

Gulshan Tanwar (Expert) 27 December 2010
Have you withdrawn the case on your own or with the permission of the Court.

In the former case, you cannot bring the case while in the latter, while ordering there have been the following words " with the liberty to file"... if these words are there in the earlier order then you can bring it a fresh else doctrine of res-judicata comes into action against you.

Also, if you make a transfer to your children and thereafter renounce the world; then it will amount to your Civil death and your children being your LR's can bring the suit as Doctrine of Res-judicata will not be applicable to them.

Also the doctrine of Stare-decisis is not applicable but if the LR's do the same thing which you have done earlier that is without the permission of the Court and in this way you can succeed to the suit.