Procedure for withdrawal of suit


Trial Court in OS for spec perf of oral agrmnt to sell dt 1996, passes EXPARTE decree in 1997 directing D1 &2 to execute sale deed in favor of plaintiff & declaring earlier SD executed by D1&2 fvng D3, void. In 1997, D3 appeals agnst decree (RFA), but P gets SD executed in his favor immdtly after decree. D3 had prior to filing of said OS sold, by way of regd SDs, sites made out of suit property in accdnce with BDA approvals & GOs permitting trnfr of sites. HC’s order in RFA in 2000 orders retrial on grounds exparte, no evidence, bar of limitation etc.. Later in 2000 TC records finding that if OS is decreed all site owners with valid regd SDs need necessarily to join D1&2 to execute SD fvg P, as after trxns nothing remains with D1&2 and D3. 2004 P asks TC to dismiss OS as withdrawn & TC orders so. So what happens to decree of TC while HC appeal ongoing ? what is validity of SD executed on basis of decree under appeal? Esp after suit dismissed as withdrawn?

Answers (3)


260 votes

1. SD's are valid subject to the RFA pending in the High Court.
2. Lis-pendnse is applicable to the Case, the result of the appeal will have bearing on the Sale Deed and right, title and interest in respect of the Sites made out of the suit property.
3. Withdrawal of suit can done through Memo signed by the Plaintiff and his counsel.


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207 votes

Now Defendants can file an application to restore the suit and be tried on merits. Your query is ambiguous and please make clear which appeal is pending? Was the defendants not represented in the trial court?

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You can withdraw your case at any time, ask your council which us already contested the matter. Consult more and take legal advise and move accordingly. Mostly your council is enough for giving you the answer.

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