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prasad (proprioter)     29 November 2012

Withdrwal of fresh suit to bring fresh suit


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.


 2 Replies

surjit singh (Assistant)     02 December 2012

Ther is a decison of the Madras High court where it says that there is no limitation of filing a partition suit because share in the property does not diminishes with period of time. Whether such filing of partition suit  and withdrawing it time and again is made by the same plaintiff, if that is so you the court can caution the plantiff and put cost on it, because due to such act the plaintiff is wasting the time of the court.

kvss.prabhakar rao (Advocate )     04 December 2012

Yes satish limitation for filing suuit in partition suit

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