Suit withdrawn by petitioner can be refiled again

Vipesh (Querist) 01 October 2014 This query is : Resolved
Hi

I want to ask the following query

1) An Eviction suit was filed by the Landlord against the Tenant in Pagdi System.

2) Now the Landlord has withdrawn the Case against the Tenant

Can the Landlord once again file the case against the same Tenant for Eviction on the same grounds which he had filed earlier

What is the minimum cooling period under which a Landlord can again file suit of the same nature on the same Landlord

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R.K Nanda (Expert) 01 October 2014
no, he cannot file again.

Rajendra K Goyal (Expert) 02 October 2014
Whether it was mentioned in the withdrawal application that the case would be filed again and allowed by the court and was withdrawn at what stage?

ajay sethi (Expert) 02 October 2014
no it cannot be filed again on same grounds

Advocate Ravinder (Expert) 03 October 2014
I Agree with above experts. It acts as resjudicata.

ABDUL RAZIQUE (Expert) 03 October 2014
Nothing to more add

T. Kalaiselvan, Advocate (Expert) 05 October 2014
If it was withdrawn with the leave of the court seeking permission to file once again at a later stage after rectifying certain technical errors, if the court has permitted, then he may file the same suit once again but he has to prove to the court's satisfactory of having complied with the court condition thereon.

ABDUL RAZIQUE (Expert) 07 October 2014
Agree with T.K Sir,

V R SHROFF (Expert) 07 October 2014
so many query for your tenanted pagdi room; two land lords???

If with leave of court to file again; he can file again.

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