Two forums
varun mathur
(Querist) 27 April 2012
This query is : Resolved
Please tell any judgement on the following issue.
Litigant cant approach court if other remedy is available with him.
ajay sethi
(Expert) 27 April 2012
well settled law you dont need judgements on this issue
Adv.R.P.Chugh
(Expert) 27 April 2012
Cryptic Query....though I'd try answering in general terms - Equally effective alternative remedy is a bar only to equitable remedies such as injunctions etc.
Read S.41 of the Specific Relief Act. Sub clause (h) perhaps.
Case - Sunil Kr. v. Ram Prakash 1989 SC
prabhakar singh
(Expert) 29 April 2012
"Litigant cant approach court if other remedy is available with him."
I never come across this phrase?What does the sentence mean???Should I guess what you meant??
So can happen only parties have pre agreed for arbitration for their dispute resolution???
I do not know what others have understood or guessed.
prabhakar singh
(Expert) 29 April 2012
When several remedies are available for same cause it is wish of claimant to choose.
It is writs where court denies to exercise it's jurisdiction on the ground of availability of alternative efficacious relief.
Shonee Kapoor
(Expert) 01 May 2012
THe litigant can take any remedy, he/ she may deem fit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
