Upgrad LLM

withdrawal of claim

Teacher

Hi, to all the Experts,

Please help me out with the following query:

 

Is "NOT PRESSING" a claim in the plaint by a plaintiff, the same as Withdrawal of that claim under Order 23?

If not, then when is "Not Pressing" a claim favoured over Withdrawal and are there any restrictions to it?

 

 
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Lawyer/Fight for justice

Depends on nature of claim...

 
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Teacher

Sir, if I want to "NOT PRESS" the declaration regarding the share portion in a counterclaim partition suit in Kolkata, as the share portion is now being perceived as to have been erronously claimed due to faulty analysis of the case scenario  Consequently my share has been claimed to be less than what it should have been if I had claimed correctly..

Also since hearing has started in the original suit,, so advocates are very reluctant to pursue an amendment in this case as per my recent interactions with some lawyers.  It is possible that the reasons behind why the amendment was not asked for before the start of trial in the case isn't strong enough. The truth is that the alternate and now perceived correct analysis for the share portion has come to my attention after the start of trial. Under the circumstances, "NOT PRESSING THE CLAIM" or correcting the mistake in my examination-in-chief or withdrawal of claim under Order 23 are some of the other options also presently being considered. 

Therefore I would be grateful if you give your opinion about which is the best option amongst the alternatives for my case as far it is possible to say with the supplied information. Thanks again.

 
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