Legal Question in Civil Litigation in India
Can a writ petition, withdrawn with a liberty to file a fresh case, be considered to be the same when it is later filed as fresh case and is admitted by the court?
Asked on 11/01/09, 1:14 pm
3 Answers from Attorneys
Seshadri Srinivasan
www.lawconcern.com
No it is not the same case.
Answered on 11/01/09, 7:14 pm
Yes you can withdraw with liberty to file fresh on the same grounds after some modification.
Regards
Answered on 11/01/09, 10:23 pm
Sanjay. K. Dixit, Advocate.
Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"
Dear Sir,
"Any matter filed frivolous before any court of law can be taken as plea of liberty to file fresh suit under the Civil Procedure Code of 1908 within 90 days".
Thank You,
Kind Regards. Sanjay K. Dixit , Advocate,
# 320, Dixit House,
Dixit Street, K.B. Extension,
Davangere - 577 002,
Karnataka State, India
Ph: 08192 - 258956
mobile : 9480471912.
Answered on 11/04/09, 1:49 am
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