(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?