sir if i suit a partition case my deffandant recieved summon they wants compromise before going to the court can i withdraw my case before going the first hearing.My stamp duty will be refunded from tis hazari distric court new delhi.
2 Answers from Attorneys
One may withdraw a suit at any stage (including initial after filing) under Order XXIII Code of Civil Procedure. If the defendant wants to compromise the matter, your best bet is for you and defendant jointly make a request to the court for Mediation. (This request can be made on any working day whether your case is listed or not - by a joint application signed by you and defendant). The court will appoint a mediator, you both appear before the mediator, get your compromise recorded and signed. The compromise will go back to the court and you will get full refund of the court fee paid by you. However, if you withdraw the case, you may not get the court fee back.
If they wants compromise before going to the court, then why shd u pay court fee. once u file suit N if you withdraw the case, you may not get the court fee back.
Related Questions & Answers
I registered my property to my relative, but they are not paid amount to me. mow i... Asked 6/09/13, 5:32 am in India General Civil Litigation
Sir if i suit a partition case against my relative and deffandants received summon... Asked 6/07/13, 11:10 pm in India General Civil Litigation
Sir Plz tell me if i suit partition case then summon or notice will send same day... Asked 6/07/13, 8:10 am in India General Civil Litigation
Dear Sir, This is regarding my grandfather's property. My grandfather had three... Asked 6/06/13, 3:55 am in India General Civil Litigation
I have 3 brothers -all alive.My mother expired ,when my father was still... Asked 6/06/13, 3:53 am in India General Civil Litigation