Jitendra (Manager) 10 July 2013

Ruling to file two suits against same decree

Hi law gurus,

I am in urgent need of your kind advise and support.

I would like to know that is there any high court or supreme court ruling which says that we can file two different lawsuits against same decree. If yes, could you please provide me that ruling or related inforamtion.

The scenario is that a person has filed a false case on us in May 2009 that we have forcefully sold out his property for which he shown a decree which was on his name. Our bail also got rejected because we did not had any information about that decree. We came to know after our bail got rejected.

After that we filed a suilt #1 in 2010 for "Canellation of Decree" on the ground that we were not the party on that case. and also the boundries (location) of said decree does not match with our property boundries.

and suit #2 in 2011 to restoration under 9/13 saying that we did not information of such decree and please consider our application (Deri Maafi). Our request gets accepted now. But the person is saying that we had proper information since 2001 and we can not file two suilts (1 for cancellation of decree and 2nd for restoration under 9/13) and he will show the supreme court and high court rulings tommorrow for the same.

Now If we are able to showcase any such ruling that says we can file two lawsuit against same decress as I described above then it would be a great releafe for us.

Hence requesting you to please do the needful. I would be very grateful.

regards

Jitendra

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5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 July 2013

No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised and has been heard and finally decided by such Court.

Jitendra (Manager) 10 July 2013

Thanks Rama for you kind response.

I am still hoping that may be there are some special scenario where one can file two suits against same decree. By the way nice talking to you.

subrata chandra polle (advocate) 10 July 2013

Within a very short time it is not possible for me to provide you judgements on the issue.

But one thing is clear form your interesting question in view of academic as awell as practical purpose that relief can be obtained in various ways under the code of civil procedure. At first I would like to sugest you that the scope under order 9 rule 13 and the scope of a suit for declaration to declare a decree is a nullity or not bind upon you as the same same has been obtained by exercising fraud upon the learned court. In case of restoration of the suit you only satisfy the court that on the date of hearing your client has sufficently prevented to appear the court on the date of the hearing of the case. Where as in a suit the scope is broad and wide. Two things are absolutely different. so there is no bar to proceed the two parallel proceedings under the code of civil procedure. Restoration of the suit is not a suit under section 34 of the Specific Relief Act. You can go through a judgement of Arjun singh AIR 1964 SC ...... Even an aggreived can file a review also. One judgement is there in this issue in a clacutta case but it is very dificult to find out now.

subrata chandra polle (advocate) 10 July 2013

I think section 11 of cpc has no role to play considering the judgement reported in 1994 scc supp 1. Decree obtained by fraud is a nullity and has no force in any manner.

Jitendra (Manager) 11 July 2013

Thanks all for your kind advice.

@Subrata, please send us the Calcutta case judgement if you found in near future. Because I know that as per O2 R2 of CPC which says we can file two remedies but both should be on different ground .