Withdrawal of suit

Basant (Querist) 03 October 2020 This query is : Resolved
Dear Experts

Sir, Under what circumstances appellate court gives permission to withdraw a suit in Liberty to file a fresh suit if the suit is already decided in court.

2) What is technical error in the court by which permission is granted to file a fresh suit.

Thank you

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Quick Summary

This discussion explores the circumstances under which an appellate court might permit the withdrawal of a suit, especially when seeking liberty to file a fresh one after the original case has already been decided. It also touches upon the concept of 'technical errors' that could lead to such permissions. However, the advice given stresses the importance of clearly stating the material facts of the case and consulting a local lawyer, as an appellate court generally lacks jurisdiction to allow withdrawal of a decided suit for refiling.

Rajendra K Goyal (Expert) 03 October 2020
Please state clear material facts of the problem if any.

Please do not set question paper of law exams.

May discuss with local lawyer.

Dr J C Vashista (Expert) 04 October 2020
The suit is already stated to have been decided by trial court whereas appellate court can take up the appeal against the order / judgment / decree passed by Lower Court. It means that the appellate court has no jurisdiction to allow withdrawal of suit as it has already been decided.

Dr J C Vashista (Expert) 04 October 2020
You are unable to post facts of the case clearly.
Seek services of a local prudent lawyer for better appreciation of facts and relevant document, professional guidance and necessary proceeding.