LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

aakash singh   24 December 2023

Query regarding res judicata - section 11

Respected Lawyers,

Please help in answering a small query. One property partition case is in City civil court and another property partition case is in Thane court. Both parties (defendant / plaintiff) are same in the matters of property disputes as one property is in Thane district and one in Mumbai. I'm defendent in both cases.

Trial is going on in the Thane court with respect to other party (plaintiff) in property case. The other party is asking for sentitive documents in City civil court Mumbai u/s section 11 Res Judicata. I don't want to disclose my sensitive information (documents) which is my defence because it can manipulate the discourse in Thane court where Trial is Ongoing. Can I refuse to submit the sensitive documents stating the cause as Trial Ongoing in Thane court. The sensitive document is my defence that I want to use during trial.

Question below:

1). What decision can the City civil court Mumbai take, if plaintiff applies for res Judicata u/s section 11, if I refuse.

2). Can plaintiff ask for Documents u/s section 11 Res Judicata when trial is ongoing in the other Court (Thane court) with respect to same party (defendent) ?

3). Can I refuse to submit the sensitive documents (as it is my defence) to city civil court Mumbai stating, "the trial status on the other side"? 

4). Y should I give my defence (Sensitive documents) to the plaintiff which I want to use during Trial in city Civil court Mumbai? 

5). Can I reply to plaintiff application u/s 11 Res Judicata stating, "the sensitive documents will be submitted to you and to the City civil court Mumbai during trial"?

 

Please help...



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     26 December 2023

1. It depends on what grounds he claims res-juicata, however you have rights to defend your interests including filing an objection to his petition, you may discuss with your advocate instead of blinking over no solution.

2. He cannot ask for the document directly from you, in case he does, you may refuse to part with the documents, let him follow the due process of law.

3. You can very well refuse for the reasons you rely upon.

the answers to other questions are left to you.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register