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When a lawyer withdraws from a case, steps must be taken to protect your interests. Your lawyer should give you reasonable notice, allow time for you to hire another lawyer, surrender papers and property to which you are entitled and refund any advance payment of fees that have not been earned.
Hear this out loud PauseDismissal means charges are dropped and cannot be brought back. Nolle Prossequi, often called Nolle Pros or Withdrawl, means the charges will not be pursued unless a certain set of conditions happens for one year and if such conditions do not occur, the charges are set aside, not dismissed.
In view of above, it is most humbly prayed that instant application maykindly be accepted and the applicant may kindly be allowed to withdraw the abovetitled suit with the permission to file a fresh correctly & properly drafted suit, inthe interest of justice.
The court will not order the withdrawal of the case based solely on the decision of the government. The decision of the court to withdraw the case is final. Thus, if the court is not satisfied with the reason for withdrawing the case, it will order the case to proceed without allowing the withdrawal.
Order 23, Rule 1(3) of the CPC provides that if a plaintiff desires to withdraw from the suit with liberty to institute a fresh suit in respect of the subject-matter of such suit, then such plaintiff must seek the permission of the court in its application for withdrawal.