karthik Reddy 24 June 2025

Civil suit was in earlier suit is valid in new suit

Hello, I had earlier filed a civil suit regarding land ownership, in which the defendant (same as in my current suit) filed a written statement clearly admitting that I am the owner of the land—but with slightly different boundary details than what I had originally claimed. After receiving the defendant’s written statement, I chose to not press the suit, with the intention of filing a fresh suit reflecting the boundaries as described/admitted by the defendant in their written statement. Now I am filing a new suit for the same land, correcting the boundary descripttion as per the defendant’s earlier admission. My queries are: Can I use the written statement filed by the defendant in the earlier “not pressed” suit as an admission under Section 17–21 of the Indian Evidence Act in this new suit? Since the defendant admitted ownership in the earlier written statement, but is now denying it, can I invoke Section 115 – Doctrine of Estoppel to prevent them from changing their stand? Does the earlier written statement retain evidentiary value, even though the previous suit was withdrawn before trial?

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 25 June 2025

You can obtain a certified copy of the written statement of that case and can make pleadings based on their admission and proceed with the fresh suit with a new cause of action.

Dr. J C Vashista (Advocate ) 25 June 2025

Did you withdraw pending original (previous) suit before instituting a fresh case with permission of the Court ?

Whether there is some other cause of action to file a fresh suit ?

Incomplete and vague facts.

karthik Reddy 25 June 2025

Hi sir we withdraw or not pressed the pending suit before filling new suit. Owner initial agreed that we are owners and later in new suit heist denying the ownership. Can we the old ws in which he agreed that we owner in suit as evidence. Thanks

Advocate Bhartesh goyal (advocate) 25 June 2025

Yes, in new case you can submit the certified copy of written statement filed by defendant in earlier suit which is admissible in evidence.

balas (Chartered) 25 June 2025

Hi,

You can have it as supplementary evidence but you need to prove your ownership in the fresh suit when the respondent is denying the same.

There are several instances wherein court has not adjudicated based on opp. Parties admission.

Rgds

Bala S FCA., LL.B

Dr. J C Vashista (Advocate ) 26 June 2025

Either the facts of the query are different or you are unable to clarify queries raised by experts.

It is better to contact, consult and engage some local prudent lawyer for proper analyses of facts/ documents, professional advise and necessary proceeding.