Regarding IA on the same issue filed again by petitioner

Querist : Anonymous (Querist) 25 June 2010 This query is : Resolved
Sir,

An IA u/sec 151 CPC for directions was filed in the JCJ court.

My query is?

1. The petitioner has already filed a IA which is pending before the Hon'ble court and is not disposed off.

2. It is about a year now that the IA is not disposed off.

3. The petitioner has again filed a separate IA on the same ground and is simply wasting the time of the court.

Please enlighten me of the provision in the CPC where by the IA can be dismissed or not admitted as a previous IA is pending disposal.

or

Which is the right stand at this juncture to take regards to the IA filed. Pl suggest.

Thanks

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Devajyoti Barman (Expert) 26 June 2010
The court can not entertain a new IA on the same subject matter or on the same prayer specially when the previous one on the self same ground is pending for disposal.However as the second one is already filed the court is likely to fix a date for hearing of both the petitions so that both the petitions can be disposed of.
You can also pray for simultaneous hearing of both the petitions.
Moreover if this particular case is unusually getting delayed then you could also move the High Court u/a 227 of the Constitution for expeditious trial of the case.
Good luck.

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