Abatement

krishna (Querist) 26 February 2016 This query is : Resolved
Respected Sir,

In earlier suit we failed to bring legal heir on record in 90 days hence suit abated, Thereafter we apply to court for withdrawal of suit with liberty to file fresh suit without applying for setting aside abatement. Court allowed the to withdraw with liberty to file fresh suit.
We filed fresh suit & bring legal heirs on record. Objection is taken of abatement by defendant as earlier suit was abated. Hence fresh suit is also abated.

Our reasoning is that it is implied that court has set aside abatement in earlier suit because court has given permission to file fresh suit. Hence suit is not abated.

If our this reasoning is not accepted by court then can court set aside abatement in fresh suit on sufficient cause shown ? (abatement has taken place in earlier suit which has been withdraw with liberty to file fresh suit)
Thank you.

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