mukesh gupta (advocate) 12 February 2012
A filed against B a suit for permanent injucntion and the suit is pending. During this pendency, B also filed a suit for permanent injunction against A in respect of the same suit property.A and B in their respective suits claimed the property to be their and own alleges the other party to be interfering in the peaceful possession of suit land.
Q. whether the second suit is barred by sec.10 CPC?
niranjan (civil practice) 12 February 2012
No.Resjudicate is applicable when the suit is decided between the same properties for the same propertyk.This suit is called cross suit.Actually he should not have filed separate suit,but he could have filed counter claim.
sridhar pasumarthy (ADVOCATE) 12 February 2012
No, not barred. But trial of second suit will be stayed u/s 10 of C.P.C.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 February 2012
Court wont proceed with trial - as per S.10 - In the fitness of things may allow B to amend his WS in earlier suit to include a counter claim or consolidate suits to check multiplicity of proceedings.
Feel free to seek any clarifications.
Best of Luck !
Bharat
Advocate (Delhi)
Convenor : Lawyers for Social Justice
Tel : 9810553252 (only 6 to 9 PM)
sridhar pasumarthy (ADVOCATE) 12 February 2012
@Niranjan,
Res-judicata will not apply unless earlier suit with respect to same subject matter between the same parties was heard and finally decided.
Res-Subjudice will apply in the facts given by the author.
I.S.Roy,Advocate (Advocate) 07 April 2012
Dear Sir
A small difference between Sec 10 and Sec 11 . That is
Sec 11 is bar for filing a case itself
but
Sec 10 is bar for doing a Trail.
Credit goes to my Sr late Madhira Subbarao Garu
ISRoy, Advocate
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