Defending & Withdrawal of Suits CPC-III_Def.+W.Drawl+Compro Defending & Withdrawal of Suits

Defending of a Suit A suit is defended by entering appearance, and filing Written Statement in terms of Order VIII; There is no specific provision in the CPC to guide how a suit may be defended;

Defending of a Suit (Contd.) In defending a suit Government officers my take special care of the following aspects :- Check up if the suit was filed after service of notice U/S 80 C.P.C.; To check up whether any substantive relief against Government is claimed, or whether the Government is simply a Proforma party ; The contents and subject matter of the plaint along with the relief sought therein should be clearly ascertained and understood; Description of the disputed property generally given in the Plaint Schedule should be similarly understood;

Defending of a Suit (Contd.) Check out if the suit is otherwise barred or defective on account of any existing legal provisions; If so, approach the Court in the first instance to challenge its maintainability; Insist on the Court exercising its power in arriving at settlement amicably (Or. XXVII R.5A);

Defending of a Suit (Contd.) If the suit is to be decided after regular trial, the written statement should be filed without much undue delay; All statements in the WS should be clear and concise and all denials of the plaintiffs’ allegations should be specific and categorical; Matter be entrusted to competent Government Pleaders in the panel; When any witness from the Government side is deputed to give evidence in Court, ascertain in advance that he is conversant with the subject matter, and comfortable to give evidence.

Defending of a Suit (Contd.) Always read the reasoned orders of the Court passed in important interlocutory matters and also the final judgements. Understand them to your own satisfaction, and do not depend only upon the lawyer’s briefing; As a matter of public policy do not hesitate to promptly admit the relief which may be lawfully due towards the litigant;

Withdrawal of Suits (Order XXIII) Plaintiff at liberty to withdraw suits or abandon any part of claim (R 1); Leave of Court necessary where plaintiff is minor or of unsound mind; Certificate in such cases necessary that withdrawal or abandonment is for benefit of minor or such plaintiff;

Withdrawal with leave to re-file Suit (R.3) Court may grant leave to a plaintiff to withdraw the suit and subsequently file a fresh suit for the same subject matter if:- The suit must fail for same formal defect; There are sufficient grounds for allowing plaintiff to subsequently institute fresh suit for same subject matter or part of claim; Plaintiff otherwise precluded from filing fresh suit on same subject matter; Defendant may sometimes be transposed as plaintiff (R. 1A); Limitation not affected by first suit (R 2);

Compromise of Suit (R.3) Always desirable; Compromise decree cannot be challenged by either side on the ground that it was not lawful (R. 3A); Compromise or agreement in a representative suit cannot be made without leave of Court (R 3 B);

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