When a case is dismissed due to splitting of causes of action, the available remedies depend on the stage of litigation and the court’s reasoning. Typically, the litigant can appeal the dismissal by arguing that the claims in question arose from distinct causes or that the omission was unintentional and did not prejudice the opposing party. If appeal is not viable, the lawyer may seek permission to withdraw the defective suit with liberty to file a fresh, consolidated action that includes all related claims, ensuring compliance with procedural rules like Order II Rule 2 CPC. In some cases, an application for amendment or consolidation of suits may also be appropriate if proceedings are still ongoing. Best lawyers handle such setbacks strategically — they first analyze the judgment to understand its procedural and substantive basis, then prepare a step-by-step corrective plan that minimizes further risk. They refile correctly by drafting comprehensive pleadings, joining all necessary claims and parties, and including a detailed explanation of the procedural correction to reassure the court of their good faith and diligence. This careful recovery process helps restore the client’s position and ensures stronger procedural footing in subsequent proceedings.
