Gurdian and ward act
Shital bafna
(Querist) 21 September 2010
This query is : Resolved
i am contending cases for gurdianships of 11 yrs niece and 6 yrs nephew(elder sisters childern)Against Paternal grandma.
Grandma is careless, inhuman lady never taken care of orphan childern when they serios and in coma. All care is taken by me. i filed civil Appliction District court for same and now case is in evidence stage after hearing both parties written application. i have satted all and provided Evidence. As grandma done nothingshe dont have any evidence anything to tell to provide to jury for taking gurdianship.now she is filing another Civil M.A. on same and harasing me and testing my patience(In Accident i lost my Mom And Dad and both Sister and their Husband only me and my wife is left in my family along with these 2 childern both are with me and ok now)on same matter can two Civil M.A.be filed?can District seek extension from high court if they are not resolving case in Stipulated time given by high court?
Amita Chaudhary
(Expert) 21 September 2010
well yes two application on same relief cannot be asked either in the same matter or for same relief two diffirent proceedings cannot be filed as the second would be barred by section 10 of CPC; which reads as under;
10. Stay of suit.
No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in 1[India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1[India] established or continued by 2[the Central Government] 3[***] and having like jurisdiction, or before 4[the Supreme Court].
Explanation- The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action.
well in case in same proceedings then there are no. of judgment whereby it has been held that two application cant be filed seeking same relief unless one is withdrawn only excpetion being that something new development or new facts must not have taken place.. but in that case also the 1st application need to be withdwarn.. well yes all district court are under supervisory jurisdiction of the Hon'ble High Court and you can file a werit under 227 of constitution before the HIgh Court...
Devajyoti Barman
(Expert) 21 September 2010
If there is two cases on the self same subject matter between the same parties then the subsequesnt case gets stayed by virtue of section 10 of cpc. In worst case, the court at best can direct analogous hearing of the case . For any of the two , you have to file a petition in the trial court in that direction and is you do not get favorable order in the court then file Revisional Application before the high court and at the time of its disposal pray for direction to complete the trial in a particular time frame.
