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Vikram (SE)     10 April 2011

RCR withdrawal

Can i withdraw RCR befotre my nextr hearing date, if yes what is the procedure, can anyone help me



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 2 Replies

Tajobsindia (Senior Partner )     10 April 2011

@ Author

I must remind a useful sayign to your post i.e. "Old wine in a new bottle"  ever heard of it !
Common reasoning: Some inteligent readers follows a authors post in LCI posted under different forums under different thread titles and if your previous post is justopaxed with this innocent looking thread post then the clear ans. is YES one can withdraw any civil dispute at any stage even on the date of Judgment also by clearing pendentlite demands awarded if any by filing a simple Application for Withdrawl of such and such suit title. However you will be asked to clear the pending amounts if awarded before Dismissed as Withdrawn Order announced to your side. Additional gyan is that you may write under prayer clause to "allow withdrawl of suit on technical grounds and may allow liberty to file at later stage" so if this tricky line is stated under prayer then in case you change your mindat  later date it may be re-instituted by giving valid grounds read with condonation of delay if any and or if you at later date wish to change your mind further and want divorce this time then the previous RCR facts will stand as infructious not carried forward the same plea by OPD side as they plead to frustrate you.

adv. rajeev ( rajoo ) (practicing advocate)     10 April 2011

just file memo.


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