Mumbai Vlogs 23 November 2023

Party re file case in spl cs

My friend arrested in 420 case on 1 Feb 2023 and released on regular bail by lower court in April 2023. Court next hearing date is in next year June 2024.

But opposite again file SPL civil suit on 20 Nov 2023 and hearing on 24 November 2023.

By seeing Online its writen under Act as ORDER IV.

Now re-filing SPL case then what is the benefits opposite party will receice if one regular bail case is ongoing ?

If one case is ongoing after regular bail then what is purpose another filng ?

Please lets us know, Thanks.

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4 Replies

Dr. J C Vashista (Advocate ) 23 November 2023

Bail is granted by a Magistrate whereas 'SLP' can be filed only in Supreme Court to assail High Court order which is not found in your post.

Redraft the facts

Mumbai Vlogs 23 November 2023

Originally posted by : Dr. J C Vashista

Bail is granted by a Magistrate whereas 'SLP' can be filed only in Supreme Court to assail High Court order which is not found in your post. Redraft the facts

Thank you sir for your information.

They filed special civil suit case but another case trial is ongoing after regular bail.

T. Kalaiselvan, Advocate (Advocate) 23 November 2023

The complainant is not restricted or forbidden from filing a civil suit for recovery despite a criminal case pending on the subject.

you should note that the criminal case is for punishing the accused for the offences he committed and the charge sheet framed in that context, whereas the civil suit is for recovery of money due to him.

Therefore there is no legal infirlmity in the plaintiff filind an additional civil suit to recover his amount.