tejinder sethi 30 January 2025

Withdrawal of civil suit

I have filed a civil suit for partition in my deceased father's property against my mother. Now if I want to withdraw the suit. Is it possible and what is the procedure.

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Quick Summary

If you wish to withdraw a civil suit, such as one for property partition, you can do so by filing a petition in court. This process is governed by Order XXIII of the Civil Procedure Code, 1908, which outlines the effects of withdrawal. Your advocate will guide you through filing the application, stating the reasons for withdrawal, and obtaining the court's permission.

5 Replies

T. Kalaiselvan, Advocate (Advocate) 30 January 2025

Order XXIII of Civil Procedure Code, 1908 deals with withdrawal vis-a-vis declares the effects of withdrawal. It means the abandonment of part of a claim in a suit and compromise of suits i.e., adjustments of the suit. Withdrawal of suit is bifurcated into two viz., absolute withdrawal and qualified withdrawal.

You can file a petition before the court under the above referred provision of law through your advocate.

R.K Nanda (Advocate) 30 January 2025

File application in. Court to withdraw your case stating reasons for it's withdrawal and if Court allow your application then Court will dismiss your case as withdrawn.