Two forums (Civil Law)

This query is : Resolved

Author : varun mathur

PRO CHAT CALL

Posted On 27 April 2012 at 16:42

Please tell any judgement on the following issue.
Litigant cant approach court if other remedy is available with him.

Expert : ajay sethi

PRO CHAT CALL

Posted On 27 April 2012 at 16:48

well settled law you dont need judgements on this issue

Expert : Devajyoti Barman

PRO CHAT CALL

Posted On 27 April 2012 at 17:01

Give the background of the case.

Expert : Adv. Bharat Chugh

PRO CHAT CALL

Posted On 27 April 2012 at 18:34

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

Expert : prabhakar singh

PRO CHAT CALL

Posted On 29 April 2012 at 10:21

"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.

Expert : prabhakar singh

PRO CHAT CALL

Posted On 29 April 2012 at 10:26

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.