LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Refiling lawsuit

(Querist) 16 August 2012 This query is : Resolved 
Complainants have filed a false civil suit against me regarding some assets that they defrauded but now in my possession. Even before the summons was served on me, they withdrew the complaint without liberty to refile the complaint. Then, they refiled the same complaint once again the very next day. Clearly, nothing changed in that one day gap. But, they have included lots of additional false allegations and made it a very complex lawsuit with the intention of harassing me and tying up that property in litigation. The suit is on the same subject matter and asks for the same relief.

I am praying for dismissal citing Order 23. Can I do this even I have not been served summons, and even if allegations are improved since the allegations all pertain to the time period before withdrawal was made voluntarily and no liberty to refile was sought?
Anirudh (Expert) 16 August 2012
Are you consulting a local lawyer for your case, or you want to handle the case yourself?
Anand (Querist) 16 August 2012
I am reading the CPC myself and trying to make sense of it.
Ravikant Soni (Expert) 17 August 2012
If the cause of action is same as the former suit, you ll be succeed.

Second suit is barred on same cause of action if permission to file frash suit is not granted while withdrawal of first suit.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Post a Suggestion for LCI Team
Post a Legal Query