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K. S. HEMALEKHA
Sidlingayya S/o Revayya Since Deaceased By Lrs. – Appellant
Versus
Revansiddayya S/o Baslingayya Since Deceased By Lrs – Respondent
JUDGMENT :
The plaintiff is before this Court in the Regular Second Appeal assailing the legality and correctness of the judgment and decree dated 24.04.2010 in RA No.75/2007 on the file of the I Additional District Judge, Gulbarga (Hereinafter referred to as ‘first Appellate Court’ for the sake of convenience), confirming the judgment and decree dated 28.07.2002 in O.S. No.38/2003 on the file of the Civil Judge (Sr.Dn.) at Aland (Hereinafter referred to as ‘trial Court’ for the sake of convenience), whereby, the suit seeking for declaration and possession was dismissed by the Courts below.
2. Parties herein are referred to as per their rank before the trial Court for the sake of convenience.
3. This Court while admitting the appeal on 31.08.2020 framed the following substantial questions of law, which reads as under:
ii. Whether withdrawal of O.S. No.132/1990 debarred the plaintiff from filing a fresh suit?”
4. Sri Ameet Kumar Deshpande, learned Senior Counsel for the appellant, Sri Vikr
A plaintiff cannot file a fresh suit on the same subject matter after withdrawing a previous suit without obtaining court permission, as per CPC provisions.
Withdrawal of a suit with leave to file a fresh one can be granted based on substantial grounds, not limited to formal defects under Order XXI Rule 1(3) of the CPC.
The adoption of ascetic life results in civil death, precluding claims to ancestral property under Hindu law, as established by the Evidence Act.
Permission to withdraw a suit with liberty to file a fresh suit requires sufficient grounds or a formal defect; mere change in circumstances does not suffice.
Only the original plaintiff is precluded from filing a fresh suit after dismissal in default; those claiming under the plaintiff are not affected. Genuine circumstances justified withdrawal from the ....
Withdrawal of a suit with permission to file a fresh suit negates the bar under Order II Rule 2, allowing claims for specific performance on the same cause of action.
Withdrawal of a suit post-adjudication at the appellate stage requires strong justification to avoid prejudicing vested rights established by a prior decree.
A plaintiff who has filed a pursis to unconditionally withdraw a suit has no right to challenge an impugned order related to the suit.
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