stay on title suit

The subsequent title suit will be stayed as the same is barred by resjudicata.

Yes

You have to file writ petition before the high court on ground that it is barred by resjudicata. Once the same issue has been decided that again cannot be decide before the learned civil court.

You also can take full emphasis over that ground in your written statement and on that ground that can be dismissed.
 

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294
 

 

Sir the matter was not decided and their was no trial ...in the initial stage only the title suit was rejected under rule 7 cpc citing that it was barred by benami transaction prohibition act 1988..see there are two parties A and B and property is X.A is having possession of 40 years and ostensible owner.B is having only name on papers as benamdar.title suit of A was rejected in initial stage and then A appealed in high court which status is pending.meanwhile now B has filed title suit for the same property X for their title and possession and mesne profit.now want to ask weather this title suit of B can be stayed on the basis of appeal pending of title suit of A.