SHANTANU MISHRA 23 February 2020

Appeal against withdrawal of the suit

in a suit, co sharer wants to intervene on filing petition Under order 1 Rule 10 of the CPC as Defendant and the Plaintiff withdraw the suit Under Order 23 Rule 1 of the CPC. Can the Intervener may file appeal against the order of withdrawal of the suit?

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4 Replies

Real Soul.... (LEGAL) 24 February 2020

When there is no suit how can a co sharer force and drag them to fight for they have adjusted the suit ,that too where he still being stranger .

He can file a fresh / seperete suit and in that he can mention facts of already withdrwan case, even by appending a copy if at all that is relevant to his claims.

Shashi Dhara 24 February 2020

If application is dismissed verify for reasons to withdraw suits if it has withdrawn to file for fresh suit in future then he may appeal against the orders.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 24 February 2020

It is mockery of law and beyond the general knowledge. As the suit is no more in existance, the question of filing application under Order 1 Rule 10 CPC by filing appeal against the withdrawl of the suit. A stranger cannot object the withdrawl of the suit.

P. Venu (Advocate) 25 February 2020

There is nothing that prevents the co-sharer, who wanted to interven in the suit that has been withdrawn, in filing a fresh Suit, if there is a cause of action.