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hartan2309 (SA)     04 September 2025

It is necessary to serve documents while withdrawing a suit on fresh evidence

Dear All,

I want to withdraw the declaration, injuection and possession suit, matter is posted for framing issues, request help with below query

1.Fresh evidence has been found during the course of trail which requires major pleading to be changed.

2. pubilc authorithy Defendants has raised objections that mandatory notice under 80 is not served on them 

3. I want to abandon part of a claim . The suit had A and B Schedule properties. During the course of trail, relief is obtained on Suit B property and want to abandan cliam over it. 

Questions:

1> 

 For 1st point, is it necessary the fresh evidence found should be served on the defendants while filing for withdrawal of suit, because it might weaken my case when i file fresh suit. It is sufficent to produce before judge to prove fresh evidence please?

2> On fresh evidence, can suit be filed on new cause of action

 



 1 Replies

Advocate Bhartesh goyal (advocate)     04 September 2025

You can withdraw the suit under order 23 rule 1 cpc with liberty to file fresh suit on same cause of action.on changed/altered pleadings and fresh evidence.

At the time of withdrawn of suit you need not to submit any evidence or proof, submit all evidence or proofs with fresh suit.

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