Withdrawal of suit

Yashraj Lokhande (Querist) 03 October 2020 This query is : Resolved
Dear Experts

Sir, Under what circumstances appellate court gives permission to withdraw a suit in Liberty to file a fresh suit if the suit is already decided in court.

2) What is technical error in the court by which permission is granted to file a fresh suit.

Thank you

Follow Query

Report Abuse

Rajendra K Goyal (Expert) 03 October 2020
Please state clear material facts of the problem if any.

Please do not set question paper of law exams.

May discuss with local lawyer.

Dr J C Vashista (Expert) 04 October 2020
The suit is already stated to have been decided by trial court whereas appellate court can take up the appeal against the order / judgment / decree passed by Lower Court. It means that the appellate court has no jurisdiction to allow withdrawal of suit as it has already been decided.

Dr J C Vashista (Expert) 04 October 2020
You are unable to post facts of the case clearly.
Seek services of a local prudent lawyer for better appreciation of facts and relevant document, professional guidance and necessary proceeding.