Twoo suits filed in 2 different courts for same matter
KETAN J SHAH
(Querist) 02 July 2014
This query is : Resolved
Respected Sirs,
I M the Landlord of a property in Mumbai. I have filed a eviction suit against my Tenant for illegal additions and alterations carried out by him. This suit is filed in Small causes Court and the matter is about to come up for my cross.
The Tenant has filed a suit against BMC in City Civil Court as BMC has issued MRTP notice against the Tenant for illegal additions/alterations carried out by him. The tenant had not made me a party to the suit. However the Civil court and Bombay High court have passed orders that the Landlord is the necessary party to the suit.
Both the suits are for the same matter wherein in the first suit the Landlord is Plaintiff and Tenant is defendant and in the second suit the Landlord along with BMC, and state of Maharashtra is defendant and Tenant is Plaintiff.
My Question is can 2 suits of same nature be contested in 2 courts or which suit can the Landlord press for dismisal because the arguments, the cross , the evidence would be the same in both the suits.
Please give your valuable advice.
Thanking you in advance.
Devajyoti Barman
(Expert) 02 July 2014
Do not press for dismissal for his suit It would not be allowed. Rather ask for consolidation of both suits.
ajay sethi
(Expert) 02 July 2014
agree with experts
KETAN J SHAH
(Querist) 03 July 2014
Respected Sirs,
Thank you for your advice.
In continuation of this thread I would like to know that cross examination would be done in both the courts or the cross done in one court would be sufficient to be produced in other court as the matter is same in both the courts.
Please give your valuable advice
Thanking you in advance
Devajyoti Barman
(Expert) 04 July 2014
If it is consolidated then evidence in one suit may be considered same in another suit.
