Declaration suit
Rastogi
(Querist) 19 July 2016
This query is : Resolved
We(plaintiff) filed permanent injunction suit in 2002. The permanent injunction was granted in our favour. In We(plaintiff) filed permanent injunction suit in 2002. The permanent injunction was granted in our favour. In first appeal by defendent the appeal was dismissed confirming the permanent injunction. The defendant filed second appeal and the suit is final argument stage.
Now defendant filed one more case in lower court for declaration.
Is it a valid suit ?
Is it bared by limitation act? Declaration suit should have been filed within 3 years from date of injunction suit filed by us.
P. Venu
(Expert) 20 July 2016
The suit is barred by res judicata if the subject matter is same.
Dr J C Vashista
(Expert) 21 July 2016
Incomplete information and vague query.
How you are concerned with the suit, i.e., as plaintiff or counsel for plaintiff or any other person?
Rajendra K Goyal
(Expert) 22 July 2016
Without knowing full case details / related documents if any, nothing can be advised. Discuss with local lawyer.
