Suit dismissed

Adv. khojraj Dhanraj Nerkar (Querist) 07 April 2012 This query is : Resolved
In a suit filed by plaintiff for Permanent Injunction in the court of C.J.J.D. plaintiff filed an application to withdraw a suit with permission to file a fresh suit.
application allowed subject to cost of Rs. 5000/-
plaintiff fails to pay the cost,
court dismiss the suit of plaintiff.
dismissal order is dated10/12/2010
what remedy plaintiff have?

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ajay sethi (Expert) 07 April 2012
pay the costs of rs 5000 . make an application for setting aside order of dismissal .

venkatesh Rao (Expert) 07 April 2012
Hopelessly barred by limitation.
If the suit was for bare injunction simplicitor , you may file another suit on subsequent cause of action.

Nadeem Qureshi (Expert) 07 April 2012
as I think, the application was allow with cost to give permission to file fresh suit,if cost is not paid, the permission of file fresh suit is not applicable.

V R SHROFF (Expert) 08 April 2012
Pay the cost, ask set aside , file another case.

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