Simultaneous proceedings

satayendra prasad dubey (Querist) 14 April 2013 This query is : Resolved
during the pend-ency of writ petition under 227 the petitioner filed civil suit where reliefs is common. now i know simultaneous proceedings for same subject matter and for same reliefs are maintainabal

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Devajyoti Barman (Expert) 15 April 2013
Complicated matters of fact can be adjudicated by Writ proceeding.
The Writ must be filed under Article 226, not 227.
Highlight this thing in High Court. His Writ proceeding would be dismissed.

B K Raghavendra Rao (Expert) 15 April 2013
Further details are required as to see if the matter and the litigant parties are same in both the cases. If so, it amounts to res judicata and not maintainable.

Adv k . mahesh (Expert) 15 April 2013
agree with Mr.barman

Raj Kumar Makkad (Expert) 16 April 2013
Subsequent suit is barred under section 11 of CPC.

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