Reasons to withdraw
Kuummaar AS
(Querist) 09 March 2013
This query is : Resolved
A suit was filed about a fortnight ago where the Hon. Judge has questioned maintainability of the case. Some clarifications were given but it appears that the Hon. judge is not satisfied and time was sought for providing more clarifications. Notice to opposite party has not been issued so far.
Now it is proposed to withdraw the case to re-file the same with proper legal advise. Experts may advise
a) what reasons should be given to the court to withdraw such case so that it can be re-filed later on without any problem.
b)can withdrawal be done by the plaintiff without presence of the advocate in the court as advocate is unable to appear on the next date of hearing.
ajay sethi
(Expert) 09 March 2013
have application drfated by lawyer ready seeking permission to with draw suit with liberty to file fresh shit
Advocate M.Bhadra
(Expert) 09 March 2013
You can withdraw the suit by filing a petition under order 23 rule 1 Civil Procedure Code with a prayer to liberty for filing fresh suit.If your lawyer is not available then you can appoint new lawyer or your can approach to the Court independently.
Raj Kumar Makkad
(Expert) 09 March 2013
Either make a statement or file an application to withdraw the suit on the basis of some technical reasons with liberty to file fresh suit. If your lawyer is no available on the next date of hearing then he may arrange any proxy counsel for this purpose as you shall have to be required identified by the lawyer.
Kuummaar AS
(Querist) 09 March 2013
Respectfully, it is stated that my queries have been
a) what reasons should be given to the court to withdraw such case so that it can be re-filed later on without any problem.
b)can withdrawal be done by the plaintiff without presence of the advocate in the court as advocate is unable to appear on the next date of hearing.
Taking into circumstances under which case is proposed to be withdrawn:
i) what reasons should be given to the court to avoid any adverse comment from the court in the withdrawal order as on the last date of hearing an adjournment was sought on the plea of providing more clarifications to the court with respect to maintainability of the case, which is being questioned by the court.
ii) Is it advisable to file written application for withdrawal, when advocate is not able to appear on the day of withdrawal.
iii) As advocate, who sought adjournment is not available, will court accept new advocate for withdrawal in the circumstances that earlier advocate sought adjournment on the plea of providing more clarifications regarding maintability.
Specialists may help.
Kuummaar AS
(Querist) 10 March 2013
A suit was filed about a fortnight ago where the Hon. Judge has questioned maintainability of the case. Some clarifications were given but it appears that the Hon. judge is not satisfied and time was sought for providing more clarifications. Notice to opposite party has not been issued so far.
Now it is proposed to withdraw the case to re-file the same with proper legal advise.
Taking into circumstances under which case is proposed to be withdrawn, experts may advise:
i) what reasons should be given to the court to avoid any adverse comment from the court in the withdrawal order as on the last date of hearing an adjournment was sought on the plea of providing more clarifications to the court with respect to maintainability of the case, which is being questioned by the court.
ii) Is it advisable to file written application for withdrawal, when advocate is not able to appear on the day of withdrawal.
iii) As advocate, who sought adjournment is not available, will court accept new advocate for withdrawal in the circumstances that earlier advocate sought adjournment on the plea of providing more clarifications regarding maintability.
Specialists may help please.
V R SHROFF
(Expert) 10 March 2013
Repeated Query ; already answered with full details:::
Shri Ajay's suggestion is agreeable, in case you do not want to Amend your Plaint.
ajay sethi
(Expert) 10 March 2013
query is reoslved
