Court Upholds Plaintiffs’ Right to Refile Suit in Property Dispute.


09 October 2024 Property/Real Estate Law >> Property & Real Estate  

In a significant ruling of , the appellate court dismissed an appeal challenging the August 5, 2024 order of a learned Single Judge, which rejected the objections raised by the appellant regarding the maintainability of a suit concerning a disputed property in Karol Bagh, New Delhi.

The dispute centers around a shop within a two-and-a-half-story building located at plot no. 83, Block-P, Gali No. 19/20, Naiwala Estate. The plaintiffs, Respondent nos. 1 and 2, sought a declaration of title and possession for one of the four shops. The appellant, claiming sole ownership since 2006 and continuous possession of the property, argued that the suit was unwarranted.

 
 

The legal saga began when the plaintiffs filed a related suit (Suit-2021) in July 2021 at Tis Hazari Courts, seeking similar reliefs regarding the same property. However, after several procedural developments, including a withdrawn amendment application, the plaintiffs orally withdrew Suit-2021 on January 10, 2024. This withdrawal led to the filing of the current suit on March 2, 2024, prompting the appellant to question its legitimacy.


The appellant contended that the learned Single Judge erred by assuming that the plaintiffs had been granted leave to file the new suit after withdrawing the previous one. She argued that no such permission was granted and asserted that the claims in the new suit were barred by limitation.

However, the appellate court found that the plaintiffs had indeed made a statement in court on January 10, 2024, requesting permission to withdraw Suit-2021 with liberty to file a fresh suit. The court allowed this request, which established that the plaintiffs had the right to pursue their claims anew.

The court emphasized that the order permitting withdrawal of a suit while granting the liberty to refile is a clear legal provision, and the appellant's challenge lacked merit since the initial order had not been contested.

Regarding the limitation issue raised by the appellant, the court noted that such matters could still be addressed during the trial.
Ultimately, the court concluded that the appeal was without merit and dismissed it, allowing the plaintiffs to proceed with their suit. This ruling reinforces the principle that plaintiffs can seek to refile a suit if allowed by the court upon withdrawal, maintaining the integrity of their legal claims.