withdrawal of case of lawazima stage

88 votes

In Indian legal systems, lawazima (meaning in hindi, zaroori, avashyak, lazimi) refers to reviewing and addressing procedural defects or deficiencies in cases. These defects have to be necessarily cured in order to proceed with the case. The curing of these defects is undertaken by specific boards or committees responsible for doing the same. These boards may consist of senior officials or registrars who examine the cases and issue orders or directions to rectify the identified defects.

In your case, it seems that the court office or registrar has identified certain defects in the case, and the matter was supposed to be listed before the Lawazima Board of the Registrar General for the board to assess the defects and issue appropriate orders or directions to address them. After the defects are cured and the suit is instituted, you can file an application under Order 23 Rule 1 of the Code of Civil Procedure, 1908.

To withdraw a civil case under Order 23, Rule 1 of the Code of Civil Procedure, you can follow these steps:

1. Consult with an Attorney: Seek guidance from a lawyer experienced in civil litigation to ensure you understand the legal implications and proper procedure for withdrawing your case.

2. Prepare the Application: Draft an application for withdrawal of the suit or abandonment of a part of your claim. Clearly state your intention to withdraw the case or part of the claim and provide reasons for doing so.

3. Accompanying Affidavit and Certificate: If you are a minor or represented by a pleader, the application should be accompanied by an affidavit of the next friend (if you are a minor) and a certificate from your pleader stating that the withdrawal is in your best interest.

4. File the Application: Submit the application for withdrawal along with the necessary supporting documents to the court where your case is pending. Follow the court's filing procedures and pay any required fees.

5. Serve Notice to Opposing Parties: Provide copies of the application for withdrawal to all opposing parties involved in the case. This ensures that they are properly informed of your intention to withdraw.

6. Attend Court Hearing: When the court requires a hearing to review the application, attend the hearing and present your case for withdrawal. Cooperate with any further instructions or inquiries from the court.

7. Obtain Court Order: If the court approves your application for withdrawal, a formal court order will be issued, documenting the withdrawal of the case or part of the claim. Ensure you obtain a certified copy of this order for your records.

8. Settlement of Costs: If you are withdrawing the case or part of the claim without the court's permission, you may be liable for costs as determined by the court. Follow any instructions from the court regarding the settlement of costs.

LawRato LawRato

512 votes

Hi Sir,
Incase you want to withdraw your case, then you have to file an appropriate application before the Hon'ble Court and seek withdrawal of your case.
For more information, feel free to have word with us.

Advocate Sahej Uban LawRato

598 votes

In this regard, I advice you that you can withdraw the said case before and also on the date of hearing. There are set patterns to do that. Why do you want to withdraw and why are you keen to withdraw before the date. I can only advice when the above things are clear. For further clarification, please contact

Advocate Ujjwal Jain LawRato

350 votes

Lawazima is a legal term often used in the context of Indian legal proceedings. It refers to the stage in a case where procedural defects or deficiencies are reviewed and addressed. Here's an explanation of the term and its significance:

1. Meaning of Lawazima in Court: In the legal context, "Lawazima" (लावज़िमा) refers to the mandatory or necessary aspects of a case. It involves reviewing and addressing procedural defects or deficiencies in legal matters.
2. Purpose of Lawazima: The purpose of the Lawazima stage is to ensure that all necessary documents, evidence, and procedural requirements are met before the case can proceed further. It is a critical step to ensure that the case is in compliance with legal procedures.
3. Significance: Lawazima is crucial because it helps prevent legal disputes from proceeding with major procedural issues. By addressing these issues at this stage, the court can ensure that the case moves forward smoothly and fairly.
4. Lawazima Hearing: A Lawazima hearing is conducted to review the case for any deficiencies or defects. During this hearing, the court may instruct the parties involved to rectify any procedural shortcomings.
5. Lawazima Meaning in Hindi: In Hindi, "Lawazima" translates to "लावज़िमा," which conveys the mandatory or necessary nature of certain aspects of the case.
6. Lawazima in Legal Proceedings: Lawazima is encountered in various legal proceedings, including civil and criminal cases. It is a stage where the court ensures that the case is legally sound and complies with all necessary legal requirements.

In summary, Lawazima is a crucial stage in legal proceedings where procedural defects or deficiencies are reviewed and addressed to ensure that the case adheres to legal procedures. It plays a significant role in maintaining the integrity of legal processes.

Advocate Chikirsha Mohanty LawRato