My civil case for a permanent injunction was dismissed by the civil judge in 2012 because I didn’t pursue it. The appeal was also dismissed by the Additional District Judge and Delhi High Court for the same reason. The defendant never filed a written statement. Can I file a new case now?

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Law Forum › Category: Property › My civil case for a permanent injunction was dismissed by the civil judge in 2012 because I didn’t pursue it. The appeal was also dismissed by the Additional District Judge and Delhi High Court for the same reason. The defendant never filed a written statement. Can I file a new case now?
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Apni Law Staff asked 5 months ago

My civil case for a permanent injunction was dismissed by the civil judge in 2012 because I didn’t pursue it. The appeal was also dismissed by the Additional District Judge and Delhi High Court for the same reason. The defendant never filed a written statement. Can I file a new case now?

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Best Answer

Apni Law Staff answered 5 months ago

Yes, you can file a fresh case. As the original case was dismissed for your non-prosecution, it does not operate as res judicata. However, consider the delay and potential limitations on evidence before making this decision.

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