Family case running from 6 years now cancelled and started again

759 votes

HI
Once the case is withdrawn, then RES JUDICATA will be applicable. hence the parties cannot re open the suit again . you should contest the case under Res Judicata and you will win .

Res Judicata As Defined Under Code of Civil Procedure, 1908

Section 11 of the Code of Civil Procedure embodies the doctrine of res judicata or the rule of conclusiveness of a judgement,

as to the points decided either of fact, or of law, or of fact and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. In the absence of such a rule there will be no end to litigation and the parties would be put to constant trouble, harassment and expenses

Advocate Rajagopalan LawRato

530 votes

HI,
your question is incomplete, details are required to give any answer.
if the case is dismissed for default for the absence of petitioner,
it can be restored by the court if it is satisfied that proper reason is there for the absence of petitioner.
but it will be reopened only after service of notice to you.
if no notice served to you can approach the high court to dismiss the case.

Advocate Sree K Sivakumar LawRato