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How to withdraw partition suit
28-May-2023 (In Civil Law)
Sir I am from Arrah,Bihar. I have filed a partition suit as my two brothers are not giving my share in Agricultural land as well as ancestral home. my two brothers are enjoying farming on the land and make approx 2 lac per year from it and do not give my share in it. I have filed partition suit in Arrah Civil Court but from last six month but on opposite party is not appearing in court despite issuing notice by Court while ohter is appearing . ( we are three brothers) Now i want to withdraw my partition suit pending in arrah civil court and file 144 in S.D.M court so that my brothers could not enjoy to farming on land and make money approx 2 lac per year. They have also doing farming on all land without giving my share. I talked to my lawyer but he says injunction petition will not allowed generally. Please suggest me how to withdraw my partition suit?
You can file a withdraw petition under ORDER XXIII RULE 1(3) CPC in the appropriate court stating your reason to withdraw. Simultaneously, you can also file criminalcase against your brothers and sisters.
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Adv. Kumar Karan
Patna | 200+ Answers
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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 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.
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
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.
You can take substituted service ,and also file application under o 39 r 1 for injunction and also file petition for appointing receiver you can take suggestions from other lawyer donot withdraq the petition all remedy in present suit you have
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Adv. Nishant Kumar Sinha
Patna | 25+ Answers
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Withdrawal of suit by plaintiff
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consequences of withdrawal of suit without permission?
Latest Supreme Court judgment on compromise decree
Withdrawal of suit under CPC
Do not withdraw your petition. It happens people dnt obey on summons. Its good for you. Delay happens in partition suit but it will give you a good result in the end. Injuction suit will help you too. But 144 will only apply if there is disturbance in the area of land and peace or happens to be a disturbance.
Kindly seek more advice in detail.
Kindly seek more advice in detail.
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If no amicable partition agreement is registered, you can withdraw your partition suit based on the fact that the negotiations have reached their final stage. You will be given permission to re-file the case if the amicable division has not been completed.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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