Is restarting necessary when converting an Original Suit into a commercial suit?
Having completed a portion of the procedure in an Original Suit, we have now determined that the matter qualifies as a commercial suit. Is it necessary to restart all proceedings already undertaken in the Original Suit? Are there any legal provisions or precedents that allow for the continuation of the proceedings after converting the Original Suit into a commercial suit?
If you decide that your Original Suit is a commercial suit, it does not mean all the proceedings need to be restarted. Legal provisions allow proceedings to continue after conversion. The Bombay High Court in Mohammed Abdul Wahid v. Nilofer held that the conversion of a suit does not defeat the proceedings that were otherwise undertaken. The court further held that parties may preserve their right to continue with the case. Therefore, you need not begin from scratch with the evidence and arguments that currently exist; this saves judicial time.
If your Original Suit qualifies as a commercial suit, you don’t need to restart proceedings. The courts permit the continuation of cases after converting them under the Commercial Courts Act, 2015. Section 15 of this Act allows for the transfer of pending suits to the commercial division without restarting the process. The Bombay High Court has affirmed that such conversion does not invalidate previously established rights or proceedings. Thus, you can proceed with your existing case while following the procedural requirements of the commercial division. Consulting a lawyer will help ensure compliance with these legal frameworks and facilitate a smoother transition to the commercial court system.
Sir, the trial court can allow a plaintiff to withdraw a defective suit to fix issues and file a new one on the same cause of action. This is crucial to prevent later challenges to the suit's maintainability, which could delay the civil trial process. For further legal assistance contact us on our helpline number.
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