Ghazala Rahman (advocate) 09 December 2019

Dismissed as withdrawn

Helo Sirs
If a suit is dismissed as withdrawn by Plaintiff. can plaintiff go in appeal against his withdrawal Application/court order.
The suit is about immovable property of deceased father.

Thank you

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6 Replies

Adv Deepak Joshi +917017821512 (Advocate) 09 December 2019

when case is withdrawn then against which order you will appeal

Shashi Dhara 09 December 2019

If he file application to draw suit the court must permit if court permits then respondent may appeal against the orders if court dismiss the application then he can appeal.

Ghazala Rahman (advocate) 09 December 2019

Not challengeble by plaintiff!!!
Thank you respected Sirs.

1 Like

Ghazala Rahman (advocate) 10 December 2019

Such a professional answer sir OM Parkash. I salute you.

Ghazala Rahman (advocate) 11 December 2019

hope is life.

Dr J C Vashista (Advocate) 12 December 2019

I differ with the opinion of Mr. Om Parkash.

Withdrawal is "always non-conditional".

A suit dismissed as withdrawn is "Non-appealable".

Your lawyer must have informed you very well before submitting application under order XXIII of the Code of Civil Procedure, 1908.

If you are not satisfied with the advise of your lawyer it is advisable to consult and engage another local prudent lawyer for appreciaition of facts/ documents and professional advise .