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Samir N (General Queries) (Business)     11 September 2017

Suit beyond the cause of action for which leave was granted

If an appeals court grants leave to a person to file a suit based upon a cause of action and the person files a suit deviating from that cause of action, will that new suit be barred by subject-matter jurisdiction or on what basis?  Any judgment in this regard will also be useful.



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 1 Replies

Advocate Bhartesh goyal (advocate)     12 September 2017

Yes,suit is not maintainable and liable for dismissal under order 7 rule 11(a) and (d) of cpc.as suit was filed on different cause of action.

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