In my partition suit 1 plaintiff 40 defendants .I am standing for def no 1Lr & 2 Already partition held and suit property in possession of def 1 & 2 but its oral not registered .In Original suit Plaintiff didn't bring lr on record in time of def 1 & other 3 .summons to almost all defendants were served and plaintiff was allowed by court to withdraw partition suit to reconstruct suit after bringing Lr on record.
Plaintiff file fresh suit in 6 yrs almost summons were served Except party No 40.So after giving ample opportunity plaintiff did not took steps to take action to serve summonses Court deleted that Def No.40.Plantiff once again applied for withdrawal of suit. I have to contest plaintiff withdrawal my objections are
1) Original & Fresh suit have wasted 14 yrs of plaintiff and defendant. If withdrawal now allowed it will took more 7 yrs.
2) Due to negligence Court have deleted Defendant no 40 .non joiner of necessary party is not formal defeact.Def. No. 40 is person who have purchased only 5 guntah in suit property suit property is 50 acres even if def.40 is deleted it has not affected merits and root cause of suit.
3) plaintiff have also failed to bring Or of a defendant and its abated by specific order .So plaintiff making same mistakes deliberately to cause delay.palintiff to keep property subjudise main motive of filing suit.
Experts Please guide and answer 1) may court allow to Plaintiff to withdraw fresh suit to file another fresh suit.
2) May court punish by paying cost to defendants and how much maximum cost may be allowed by latest amendment as deterrent effect.
3) May count direct to plaintiff for part abundance in claim instead of withdrawal.