Is appeal from order maintainable.
minsal
(Querist) 24 August 2023
This query is : Resolved
Hello Respected Experts,
I have filed an Appeal from Order before High Court challenging the Order passed U/s. 10 of CPC, by the City Civil Court. but at the time of hearing the judge said that AO cannot maintain against such order, and I have to file a Writ.
will you please guide me on this issue? Further the Impugned order is completely wrongfully passed by the trial court.
T. Kalaiselvan, Advocate
(Expert) 25 August 2023
Section 10 CPC prevents the trial of a suit in a matter regarding which there is already a case pending in a court of competent jurisdiction. When the same parties file two or three cases in the same matter, the competent court has the power to stay proceedings of another court.
Therefore if you have filed more than one case on the same grounds then the court is right in dismissing the suits invoking the said provisions of law.
Therefore it would be better you file a writ petition instead of preferring an appeal
P. Venu
(Expert) 29 August 2023
What are the facts? What exactly is the Order passed by the City Civil Court?
minsal
(Querist) 07 September 2023
sir it is a dispute fabricated by one of the partners of a firm and said partner and his grandson (Who is not a partner) has filed a special civil suit against another one partner and his son (who is also not the partner in the said firm) for restraining them to enter in the disputed premises. Another suit filed by the defendant as a karta of HUF who is the partner in the said firm against both the plaintiffs in the abovementioned suit and one more partner for restraining them to enter in the suit premises and for appointment of court receiver. The first suit filed against the defendants as their individual capacity while the second suit is filed by the HUF through the karta. in both the matters the parties have different status and the reliefs claimed in both the suits are completely different. Further the draft notice of motion filed in the second suit by the Defendants are completely blank. it contains only the signature of the advocate without filling the details of deponent. Furthermore, instead of considering my Notice of Motion for ad-interim relief, the Court has considered the Notice of Motion of the Defendants. under the circumstance how Appeal Can not maintainable?
P. Venu
(Expert) 08 September 2023
No meaningful suggestion is possible unless the documents are perused and issues discussed.
