Legal Question in Civil Litigation in India

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.

Asked on 6/09/13, 6:13 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.
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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.

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6/09/13, 6:22 am
shiv shakner saini saini law
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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.

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6/09/13, 7:59 am

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