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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

 



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At the time of withdrawn of suit you need not to submit any evidence or proof, submit all evidence or proofs with fresh suit.

1 Like

P. Venu (Advocate)     04 September 2025

Any meaningfu suggestion requires that the documents be perused and issues discussed.

It is mandatory that Section 80 Notice be served, when the suit is filed against public authorities.

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 September 2025

You can withdraw a suit and file it again with fresh evidence and a revised cause of action, but you must obtain permission from the court to do so. Under Order 23 Rule 1 of the Civil Procedure Code, the plaintiff has the option to withdraw the suit, but if they want to file a fresh suit on the same matter, they need the court's leave. The court may grant this permission if the suit is likely to fail due to a formal defect or if there are other sufficient grounds, such as the need for new evidence or a clearer cause of action. 

1 Like

ash83 (.)     05 September 2025

Thank you all for reply.. this part of opinion on question please .

Questions: 1>  is it necessary the fresh evidence found should be served on the defendants while filing for withdrawal of suit . I don't want to share with them as it weaken my case.

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

 

 

Dr. J C Vashista (Advocate )     05 September 2025

Originally posted by : ash83
Thank you all for reply.. this part of opinion on question please .
Questions: 1>  is it necessary the fresh evidence found should be served on the defendants while filing for withdrawal of suit . I don't want to share with them as it weaken my case.
2> On fresh evidence, can suit be filed on new cause of action. 
 
 

No evidence or part of evidence is required to be served / filed with any suit. 

For withdrawal of suit, need not file any evidence as the suit comes to an end.

However, the averments made  in the plaint are required to be proved during plaintiff's evidence.

Either you are not clear as to what do you want to ask or it is an academic and time pass exercise.

 

 

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     05 September 2025

As per your query your suit is at the stage of issues already being framed , if you have discovered new findings or evidence during the proceeding you can amend your suit only if that didn't change the basic nature of your plaint but if that's affecting the basic nature then you have to withdraw your suit and file fresh suit , sec 80 as you are saying is for making govenment a party but if your suit was accepted by the honorable court then that means the court has granted relaxation from not serving the notice seeing the urgency of the matter Also you don't need to inform anything to the defendant in any case.

Also since the matter is at issue stage if there is no objection in commission report or map then only the court will put your matter in evidence

1 Like

Dr. J C Vashista (Advocate )     08 September 2025

It is advisable to seek professional services of a local prudent lawyer with relevant record for proper appreciation of facts / documents and necessary guidance.

1 Like

Hafsah omar   08 September 2025

https://www.assignmentmaster.co.nz/law-assignment-help

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     08 September 2025

ofcourse you must meet the local practising lawyer with relevant papers to seek the best feasible advice.

1 Like

Dr. J C Vashista (Advocate )     09 September 2025

At one stage you want to withdraw the suit, whereas in another breath you want to file fresh evidence, then you are stating about compulsory service of notice u/s 80(C) CPC to public authority.............

Prima facie it is a hypothetical and time pass bundle of queries, however, if it is a true story it is advisable to seek professional services of a local prudent lawyer with relevant records for proper appreciation of facts / documents and necessary guidance.


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