dear sir , partition deed case pushed to lower principal jmfc court from senior civil court due to pecuniary jurisdiction . Our valuation were wrong . So I want withdraw this present case and file a afresh case with correct higher valuation in the same senior civil court .
Does it possible sir ? Thank you .
Yes, it is legally possible to move your partition case back to the Senior Civil Court, but withdrawing the case entirely under Order 23 Rule 1 of the Code of Civil Procedure (CPC) is not the only or best mechanism to do so. Incorrect valuation of a suit property and subsequent jurisdictional errors are considered a "formal defect" under Indian law. You have two primary procedural options to handle this situation: Option 1: File an Amendment Application (Highly Recommended) Instead of withdrawing the suit, your lawyer can file an application for Amendment of Plaint under Order 6 Rule 17 of the CPC before the lower court where the case is currently pending. • The Process: In the application, state that the property was mistakenly undervalued. Provide the correct, higher market valuation and agree to pay the required additional court fees. • The Result: Once the lower court allows the amendment, the revised valuation will officially exceed that lower court's pecuniary limits. Consequently, the lower court will invoke Order 7 Rule 10 of the CPC to "Return the Plaint" so it can be presented to the competent court—returning it right back to the Senior Civil Court. Option 2: Withdraw with "Liberty to File Afresh" If you choose to withdraw the present case, you cannot just drop it and file a new one, as doing so without explicit permission will bar you from filing a fresh case on the same cause of action (Order 23 Rule 1(4)).
