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How to Withdraw a declaration suit?
23-Jul-2023 (In Civil Law)
Respected sir, I filed a declaration suite. Now that I have sold the part of properly to one person and the rest I sold to another person as agreement cum sale deed gpa. Now please kindly let me know how to with draw the case.
Hi
You can file a petition for withdrawal of suit in which you have filed a declaration suit.
You can withdraw the case by submitting the petition and ask for an out of order hearing.
Courts will be more than inclined to with draw the suit. You are not required to mention that you have sold the suit scheduled property.
You can file a petition for withdrawal of suit in which you have filed a declaration suit.
You can withdraw the case by submitting the petition and ask for an out of order hearing.
Courts will be more than inclined to with draw the suit. You are not required to mention that you have sold the suit scheduled property.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Can a plaintiff withdraw partition suit without consent of defendant?
(i) If a plaintiff wishes to have a partition action dismissed or settled outside of Court, then the Court must give notice to all parties, including co-plaintiffs (if any), and hold a hearing.
Is there any limitation period in a partition suit?
No time limit is set for filing a suit to partition. It is best to file your suit as soon a possible to avoid complications.
When can partition suit be dismissed?
The high court noted that the exercise of powers under rule 16 of order 6 of the Civil Procedure Code can include suppressing material facts and presenting a defense contrary to them. This was done in a case where a petition sought a new division of family property. 12-Jun-2023
Can plaintiff withdraw the suit at any time?
According to Order 23, Rule 1(1), a claimant may abandon the suit at any time following the institution of the suit. The withdrawal of the lawsuit is completed as soon as the application under this rule is filed. It is not subject to the courts decision. 12-Mar-2021
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