Family case running from 6 years now cancelled and started again
20-Jul-2023 (In Family Law)
From 6-7 years back one family case is running in the local court then they are recently 5 months back cancel the case and again they are raising the same case so the case is again running same how to cancel the case .Tell me any suggestion for to cancel the case.
HI
Once the case is withdrawn, then RES JUDICATA will be applicable. hence the parties cannot re open the suit again . you should contest the case under Res Judicata and you will win .
Res Judicata As Defined Under Code of Civil Procedure, 1908
Section 11 of the Code of Civil Procedure embodies the doctrine of res judicata or the rule of conclusiveness of a judgement,
as to the points decided either of fact, or of law, or of fact and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. In the absence of such a rule there will be no end to litigation and the parties would be put to constant trouble, harassment and expenses
Once the case is withdrawn, then RES JUDICATA will be applicable. hence the parties cannot re open the suit again . you should contest the case under Res Judicata and you will win .
Res Judicata As Defined Under Code of Civil Procedure, 1908
Section 11 of the Code of Civil Procedure embodies the doctrine of res judicata or the rule of conclusiveness of a judgement,
as to the points decided either of fact, or of law, or of fact and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. In the absence of such a rule there will be no end to litigation and the parties would be put to constant trouble, harassment and expenses
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.
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.
HI,
your question is incomplete, details are required to give any answer.
if the case is dismissed for default for the absence of petitioner,
it can be restored by the court if it is satisfied that proper reason is there for the absence of petitioner.
but it will be reopened only after service of notice to you.
if no notice served to you can approach the high court to dismiss the case.
your question is incomplete, details are required to give any answer.
if the case is dismissed for default for the absence of petitioner,
it can be restored by the court if it is satisfied that proper reason is there for the absence of petitioner.
but it will be reopened only after service of notice to you.
if no notice served to you can approach the high court to dismiss the case.
can partition suit be withdrawn
Application for withdrawal of suit
Case law on withdrawal of suit
Can plaintiff withdraw suit without consent of defendant
Withdrawal of suit by plaintiff
Withdrawal of suit under CPC
Latest Supreme Court judgment on compromise decree
consequences of withdrawal of suit without permission?
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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