Stay to suit
suhas digambar kharadkar
(Querist) 22 May 2010
This query is : Resolved
We have filed a regular civil suit against our relatives for a share in our ancestral property. The suit is in District Court before the sr division court . The court has given a status quo order.The hearing /proceedings is going on . In the meantime One of the defendents in the case is a builder, Now he has filed a suit of compensation of Rs 60 crore against against us stating that since the status quo is given by court his development activity or construction activity is stopped, and he is incurring heavy losses . he has also applied to court for attachment of our property before judgement .
Pl let me know if we are the parties in one case as appellant and he is defendent , the case is related to the same property whether a suit for compensation or any other suit can be filed . To my knowledge U/s 10 of Civil Procedure Code another case can not be filed if the parties are same and property is same
Kindly let me know what are the remedies , is it required to apply to district court or high court
Let me make it clear that we have not entered into
any agreement with builder. the suit filed is on the relatives for share in ancestral property , where the builder having entered into development agreement with the relatives is one of the defendents. Since the court has given status quo to our relatives the builder can not develop or construct hence he has filed a suit against us for compensation.
Kindly advise on the subject, since the matter is urgent and serious. Under which provision we an prohibit the builder to file such type of suit, or under whcich proviso how we can say that the suit of compensation is null and void
R.R. KRISHNAA
(Expert) 22 May 2010
Dear suhas,
The provision sec. 10 of CPC does not apply, if a separate cause of action (right to sue) accrues in favour of one party, and in such case a party is entitled to launch a fresh suit and it is maintainable. Section 10 would squarely apply only when the matter is directly / substantially the same in both the suits.
The suit filed by you is for claiming share, and the suit filed by the builder is for compensation and hence the subsequent suit is valid. Though the builder has effectual remedy to file a application to vacate the status quo order of the court but that by itself would not curtail the right of the builder not to seek remedy for compensation by way of a separate suit.
Best regards..,,
Virender Pankaj
(Expert) 22 May 2010
Is there any agreement between you and builder?
Ashok Yadav
(Expert) 22 May 2010
Sec 10 C.P.C. wil not apply in this matter, because the parties are not in rhe same capacity and matter is also different.
In which capacity the builder is suing you? Have you entered into any Development agreement/Collaboration Agreement with that builder?
If you are the co-sharer in that land and you have not entered into any Agreement with the builder and you are claiming the partition of your share only. Then the builder can not recover any damages/compensation from you.
niranjan
(Expert) 22 May 2010
If the builder is not party to the partition suit,how statusquo is effective on him ? I agree with Mr. Ashok
Harshada Shukl Kulkarni
(Expert) 22 May 2010
Hi !
First of all, if the status quo is passed by the competent court, no one can hold you responsible for any kind of damages.
Secondly, the suit is not barred by S 10 of CPC, but the cause of action itself is barred by law because, being a Defendant in your suit, he has to obey the order of Status Quo and he can't claim any damages from you in any manner whatsoever.
suhas digambar kharadkar
(Querist) 25 May 2010
i appreciate the answer given by the experts . We have not entered into any agreement with the builders .however even though the status quo is given by the court to our relatives ,the builder is one of the defendents , he has filed a suit for compensation, I agree with the answer given by expert harshada kulkarni , niranjan kindly let me know under which code the he can notclaim the damages, what we qwe have to state in the application etc. Since the mater is uregnt
Virender Pankaj
(Expert) 26 May 2010
You may file an application under order 7 rule 11 C.P.C stating all the relevant facts for rejection of plaint in the suit filed by the builder.
