Legal Question in Civil Rights Law in India
A civil case has been withdrawn, can the withdrawer open the same case again ?
2 Answers from Attorneys
31.03.2014
Dear Sir / Madam,
Today is Gudi Padwa - the Maharashtrian Marathi community New Year !
If the civil case was withdrawn on the basis of certain assurances by the opponents expressing a desire for "out of court" settlement, and if they have gone back on their word, the withdrawer can certainly reopen the case against the opponents for hearing in the Court.
Regards,
you can file a fresh suit only if the earlier suit is withdrawn with a liberty given by the court to file a fresh suit. You can not file a fresh suit simply because the other party has not performed his part as agreed. The second suit will fail on the ground of :Res judicata"
nellai v kannan 9443154058 [email protected]
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