Withdrawal of suit
CS Digambar Kunde
(Querist) 22 February 2014
This query is : Resolved
Respected experts this query is relevance to family property distribution suit, which was field on 2009 and as we know court procedure after argument their is judgment but here can judge call to withdraw suit otherwise it will get dismiss is it true? after all procedure done and 5 years ... due to the distribution was not according to law ...
Devajyoti Barman
(Expert) 22 February 2014
Why is the judge saying so?
Give details.
Your suit must have some damaging fault.
CS Digambar Kunde
(Querist) 22 February 2014
according to them the distribution was not proper and the part of daughter not given to her but they judge so late and we west our time since 4years and fees to so is any solution for that,,,,
Devajyoti Barman
(Expert) 22 February 2014
Well, you can then apply for amendment of plaint to correct the mistakes if the same is allowed by stage since it is applied for at late stage of the suit.
Dr J C Vashista
(Expert) 23 February 2014
Request your counsel to amend the suit.
ajay sethi
(Expert) 23 February 2014
in your case it appears that evidence has been led by parties and after arguments judge has said it is better to with draw suit otherwise he may dismiss it . doubtful at this stage any amendments would be allowed .
on withdrawal of suit you may get some refund of court fees . it is better to go by your lawyer advise
prabhakar singh
(Expert) 23 February 2014
Facts stated are not clear to answer properly.Judge has no right to order plaintiff to withdraw suit.But he can dismiss suit if any co sharer was left
from being arrayed as party for non joinder of a necessary party without presence of an effective and conclusive decree can not be passed.
The best course for you is to go by advice of your own advocate conducting the case.
Or come with detailed ineligible facts.
Guest
(Expert) 23 February 2014
Any Case will not be admitted with out proper verification.Judge will not advise you to with draw the case with out any proper grounds.So consult A Senior Advocate show him the case bundle and take his opinion before you could decide any thing.
Biswanath Roy
(Expert) 23 February 2014
There must be some vital defect in the suit filed that might have made the Suit infructuous otherwise a Judge cannot say to withdraw it. Before taking any step you may consult any Senior Counsel.
prabhakar singh
(Expert) 23 February 2014
Suggestion.if any,by court is courteous as the court can not pass a legal order of withdrawal unless plaintiff prays by an application.Of course it can dismiss the suit for flaws it notices.OKAY GENTLEMEN!
T. Kalaiselvan, Advocate 
(Expert) 23 February 2014
As rightly suggested by experts, the court for the courtesy sake would have suggested to withdraw the suit for the risk of it getting dismissed due to some serious technical fault in it, please consult your advocate and proceed further.
