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Ravi rao (Private )     03 November 2025

Petition to withdraw to file fresh suitorder xxiii rule 1(3)

Hi sir. I filled suit and later I filled order 6 rule 17 petition for ammendent.  If the ammendent failed i want to file fresh suit with ammendent.  I want to write a petition for withdraw of petiotion with linerty to file fresh suit.

1) Under which section I can ask to withdraw my suit with permission of court with liberty to file fresh suit.

the petition to withdraw to file fresh suit under Order XXIII Rule 1(3).

2 )do I need to wait for court permission or file new suit after filling petition to withdraw under Order XXIII Rule 1(3).

 



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     04 November 2025

After filing the petition under order xxiii rule 3, you have to wait for the court to pass orders permitting you to withdraw the current suit with the leave to file fresh suit.

Advocate Bhartesh goyal (advocate)     04 November 2025

No, plaintiff ( you ) do not. have any absolute right to withdraw suit with liberty to file a fresh on same cause of action it depends on court's  discretion and satisfaction and objections of opposite party..

Dr. J C Vashista (Advocate )     05 November 2025

Seek permission of the Court to refile the suit after its withdrawal, generally it is allowed.


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