Anandakumara MB (Lawyer) 09 November 2009

Cancel the AC Court procedings

The appellants are barred by time, after AC court order they filed the Civil suit in Jr div. Now they are challenging the AC court order. The civil suits are pending against the Suit schedule property then , under what rule stay the proceedings of the Assistant Commissioner Court? Also any citations.

AC courts proceding can cancel when civil suits are pending??

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Raj Kumar Makkad (Adv P & H High Court Chandigarh) 09 November 2009

Your quarry is not clear. There is no direct relation os Assitant Commissioner's order with the filing of the civil suit. If any appeal agaist assistant commissioner is to be filed that should be filed with either commissioner or Financial Commissioner and not with civil court. If suit has been filed in the civil court then the same matter cannot ne agitated before any other authority on the same cause of action and if already filed that matter should be withdrawn therefrom otherwise you shall have to face the consequences of either section 10 or 11 of CPC.