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shasha jain   17 December 2018

Withdrawal of case

can I withdraw a writ of mandamus filed under article 226 before hearing???



Learning

 4 Replies

Siddharth Srivastava (Advocate)     17 December 2018

yes, you can withdraw with the permission of court.

Advocate Bhartesh goyal (advocate)     17 December 2018

Yes,any writ/suit can be withdrawn with the leave of court.

Advocate Bhartesh goyal (advocate)     17 December 2018

Yes,any writ/suit can be withdrawn with the leave of court.

N.K.Assumi (Advocate)     19 December 2018

While the withdrawal of a writ petition filed in a High Court without permission to file a fresh writ petition may not bar other remedies like a suit or a petition under Article 32 of the Constitution of India, as such withdrawal does not amount to resjudicata, the remedy under Article 226 of the Constitution of India should be deemed to have been abandoned by the petitioner in respect of the cause of action relied on in the writ petition when such withdraws is without Court permission. Thus a fresh writ petition will not be maintainable before it in respect of the same subject matter if the earlier writ petition had been withdrawn without Court permission to file a fresh petition.


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