Property dispute
Querist :
Anonymous
(Querist) 06 August 2011
This query is : Resolved
It is one of the property dispute,the plaintiff had filed the suit before the hon'ble court dated june 1st 2011.As the suit argument is going on, again the plaintiff has filed the suit on same issue.whether it is legally correct?
I kindly request you to suggest on this issue.
M/s. Y-not legal services
(Expert) 06 August 2011
No. Law will not allow the same.. Its fall under the principle of resjudicata. But there may be something differ prayer. Just clear that.
kuldeep kumar
(Expert) 07 August 2011
case is pending not finished.matter is res subjudice.in this case later court shall stop the matter if matter & issue is same
prabhakar singh
(Expert) 07 August 2011
So what i find that you want to say that some has filled a suit about a property in which arguments are going on,and in the mean time the same plaintiff has filed another suit about the the same property.
It is legally not permissible.
Your remedy is to take resort of section 10 cpc where under you can apply for stay of subsequent suit.The provision is reproduced here below:
Civil Procedure Code 1908
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.
Two suits—Between same parties—Involving same subject‑matter and same questions—Held, subsequent suit should be stayed; Radhika Konel Parekh v. Konel Parekh, AIR 1993 Mad 90:
BUT section application is confined to suits in civil court alone.
AIR 2005 SC 242.The language of section 10 suggests that it is referable to a suit instituted in the civil court and it cannot apply to proceedings of other nature instituted under any other statute;
Dear Tom!
The law regarding resjudicata is laid down in section 11 cpc which applies when a former suit is finally decided between parties about same subject matter and subsequently a fresh suit is brought about the same subject matter by the same party or a person claiming under him.
11. Res judicata.No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
