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Legal consequences of the withdrawal of suit in court
10-Jan-2023 (In Civil Law)
We are the owner of our properties. Our servant has forcefully captured the our shop and also he submits the suit in civil court. and the court is also allowing them to premises but the court was also said that you have to prove your suit otherwise your position on suit property will be declared as an illegal. Now when the court is asking for the evidence that he said that I'm going for withdrawal. My Question is : if the withdrawal the suit than what about the position on suit property. it will remain same or it will be declared as illegal.
You have not mention about detail of owner ship, how you get property, how your servant captured your shop, etc.
without detail we can't provide solution. So, please provide full detail and contact lawrato.
without detail we can't provide solution. So, please provide full detail and contact lawrato.
Helpful?
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Adv. Brijendra Singh
Ahmedabad | 100+ Answers
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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
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.
If plaintiff will withdraw the suit then there is no dispute of the property. you are the owner of the property. It will be good that he is ready to withdraw the suit. therefore you are absolute owner of the suit property.
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Adv. Ashwini Ramrao Deshmukh
Vadodara | 200+ Answers
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can partition suit be withdrawn
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