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Application Rejected Order 23 Rule 1(3)
05-Apr-2023 (In Civil Law)
Sir/madam I have filed case in 2020 for injunction then I converted to suit for declaration and possession in2022 .evendince is not lead issue have not be framed on October 2022 I filed IA for withdrawal of suit with liberty to file fresh suit on same cause of action under order 23 rule 1(3) but court rejected my application now I want to withdraw the suit and file new suit on different cause of action can we file or my previous order or suit will affect my case
Hello,
Yes. You can file a new case. But make sure the CAUSE OF ACTION FOR NEW CASE IS A FRESH ONE. Otherwise the new case will be hit by Res judicata.
You can also seek to amend the present suit under Order VI Rule 17 and add the cause of action and other necessary requirements without changing the nature of the suit.
But please provide the reasons for rejecting your application under Order XXIII Rule 1(3).
Yes. You can file a new case. But make sure the CAUSE OF ACTION FOR NEW CASE IS A FRESH ONE. Otherwise the new case will be hit by Res judicata.
You can also seek to amend the present suit under Order VI Rule 17 and add the cause of action and other necessary requirements without changing the nature of the suit.
But please provide the reasons for rejecting your application under Order XXIII Rule 1(3).
Helpful?
Adv. Anuja S
Bangalore | 25+ Answers
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I understand your questions once you filed a A declarstiin suit you have to finish the case at one time same schedule property Id in case you have had any other dheduled property to injuction suit you have to file a separate case so do you need any further legal help contact me thank you
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Adv. Bhagya C H
Bangalore | 500+ Answers
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