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    <title>1921 (12) TMI 2 - PATNA HIGH COURT</title>
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    <description>A withdrawal of a suit with liberty to file afresh is effective only where the court has jurisdiction to grant that permission, which in a case involving several plaintiffs depends on consent from all plaintiffs when one seeks withdrawal. Because the record did not show consent by the remaining plaintiffs and they did not join the withdrawal petition, the earlier withdrawal could not operate as a lawful bar against the present plaintiff. In a partition dispute, the cause of action may recur, so a joint owner may maintain a later suit if subsisting joint title, possession, and limitation are established.</description>
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    <pubDate>Fri, 16 Dec 1921 00:00:00 +0530</pubDate>
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      <title>1921 (12) TMI 2 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=279898</link>
      <description>A withdrawal of a suit with liberty to file afresh is effective only where the court has jurisdiction to grant that permission, which in a case involving several plaintiffs depends on consent from all plaintiffs when one seeks withdrawal. Because the record did not show consent by the remaining plaintiffs and they did not join the withdrawal petition, the earlier withdrawal could not operate as a lawful bar against the present plaintiff. In a partition dispute, the cause of action may recur, so a joint owner may maintain a later suit if subsisting joint title, possession, and limitation are established.</description>
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      <pubDate>Fri, 16 Dec 1921 00:00:00 +0530</pubDate>
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