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Ravi rao (Private )     31 October 2025

Reg filling new suit

We filled for recovery of pocession rectification of boiundaries declaration of title. There are some defect in new suit and we filled order 6 rule 17.

If the court reject ammendent then can I fresh suit with rejected ammendent if it is in limitation. 



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     31 October 2025

You can file a revision petition and seek direction to the trial court for allowing the petition and can pray for leave of court to file a fresh suit on the same cause of action to accommodate the amendments sought as an alternate prayer.

1 Like

Advocate Bhartesh goyal (advocate)     31 October 2025

In case if your petition for amendment of plaint is rejected then you can file revision petition  before High Court against rejection order. You can also withdraw the suit with liberty to file fresh suit on same cause of action. 

1 Like

Dr. J C Vashista (Advocate )     01 November 2025

Very well opined and  advised by learned senior experts, I agree and nothing more to add.

1 Like

R.K Nanda (Advocate)     01 November 2025

If your amendment application is rejected by court then you better withdraw your suit with permission from court to file fresh case.

P. Venu (Advocate)     01 November 2025

Yes, you have option to withdraw the plaint with permission to file a fresh case or move a revision petition if the amendment application is rejected.

Dr. J C Vashista (Advocate )     02 November 2025

What is the opinion and advise of your lawyer who is well aware about facts and circumstances of  the case, an able, competent, intelligent enough and duty bound to satisfy your questions ?

However, if you are dissatisfied with the lawyer engaged by you, it is better to show relevant records to some other local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding to protect your interest.


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