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Application Rejected Under Order 23rule 1(3) Want To File New Case


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
Answers (2)

Answer #1
671 votes
Article 65 of the Limitation Act prescribes the period of limitation for suits for possession of immovable property based on title as 12 years from the date when the possession of the defendant becomes adverse to the plaintiff.
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Advocate Navya

Adv. Navya

LawRato Bangalore / Bengaluru | 100+ Answers
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Answer #2
699 votes
Sir that is a wrong provision, for withdrawal you need to file a memo not an application. Only a lawyer can help you out with all the questions relating to law by going through the papers. Please consult a lawyer or tell you present lawyer.
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Advocate Kiran Thirumalesh

Adv. Kiran Thirumalesh

LawRatoBangalore / Bengaluru | 25+ Answers
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