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Sushil Kumar Bhatia (Advocate)     28 January 2009

Fresh suit on same cause of action

A landlord has filed a suit against a wrong person for rent and ejectment cause of action of arrear in rent from 1/1/07 to 31/12/2008 actual tenant made objection and lead evidence the court after considering genuiness allowed the objection and direct the plaintiff to array the actual tenant and plaintiff added deft.2. in the plaint the deft/tenant filed his detailed W.S and next date was fixed for evidence after taking adjournemnt the plaintiff not appeared and the suit was dismissed in non appearance of plff..The landlord instead of filing restoration application brought fresh suit against the actual tenant on same cause of action runs from 1/1/2007 objections in fresh suit is'when previous suit is dissmissed underOr 9 rule 8 CPC and fresh suit is barred by Or9 Rule9 CPC I am from the side of defendant my application is under Or7 Rule 11 CPC please help me for citations in this regard.Thanx


Learning

 6 Replies

Kuljit Pal Singh (Legal Professional)     29 January 2009

Dear Friend


I think in addition to above, Sec 11 of CPC i.e. principle of Res-judicata will also help u to reject the plaint on the face of it.


Regards

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     29 January 2009

Please specify whether you need citations under Order 9 Rule 8 CPC  or Order 9 Rule 9 CPC Order 7 Rule 11 CPC or on res judicata?


 


 


 


 

Sushil Kumar Bhatia (Advocate)     29 January 2009

mr. Robin my application under Or.7 rule 11 pending in the court the first suit was dissmissed in default of plff.as per or.9 rule 8 and the fresh suit is barred by or.9 rule 9 CPC citation for Or.9 Rule 9 CPC

PALNITKAR V.V. (Lawyer)     29 January 2009

The provision of O.9 R.9 itself is very clear.

Srinivas.B.S.S.T ( Advocate)     29 January 2009

 Sir as the order itself is clear about the bar in bringing out a fresh suit, you dont need to file any citations in support of your contention. 

Ajay kumar singh (Advocate)     30 January 2009

Provisions of Or.9 rule 9 are self-sufficient.


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