Secretly filing a new suit when already suit pending
M Satyanarayana
(Querist) 26 February 2013
This query is : Resolved
Sir,
I have a doubt regarding my partition suit pending for final decree in the trial court againt forged relinquishment deed which is denied for non execution without consideration and insufficient stamp duty. I am waiting for final decree proceedings and it is held up. Can other party knowingly it is of no use in the present case can file a new suit for specific performance in another court while the case is pending in the present court without any leave of the court. How can I come to know that she is filing a new suit and taking advantage to get interim relief or injunction against the decree. Because either she will not give notice to me or she will post with wrong address.
PLEASE CAN YOU ADVISE WHAT WILL BE THE BETTER COURSE TO ADOPT IN SUCH SITUATION.
Thanking you,
Yours faithfully
MSN
Khaleel Ahmed Mohammed
(Expert) 26 February 2013
For the same subject matter and the same disputed parties can not file second suit, if so it will be res judicata under section 11 of the cpc. If you succeed in the present case you are advised to file a caveat before the appellant court.
prabhakar singh
(Expert) 26 February 2013
There can not be two suits between same parties about same subject matter and on an application under section 10 of C.P.C.,the subsequent suit shall be stayed.However it would not be matter of res judicata under section 11 C.P.C.unless the former suit has been finally decided between parties before filing of the subsequent suit.
