case in District and High Courts concurrent
Muneeswaran K
(Querist) 17 July 2010
This query is : Resolved
My wife and her sisters, whose father died in 2005, have filed a civil suit in District Court regarding their brothers refusal to give share in their grand father’s property stating that there is a WILL, which was not shown to them till date. The case was filed four years ago and till date the case was not taken up.
Now they want to know whether they can go to High Court since the value of the property is more and two of the three plaintiffs have become senior citizens.
Kindly clarify
1. whether the case can run concurrently in both the court or not?
2. Since the case is filed by grand daughters in District Court, filing a suit with the fourth generation in the High Court- is it possible?
Amar jothi
Parveen Kr. Aggarwal
(Expert) 17 July 2010
For reply to your query, you should give more details, viz. at what stage the suit is proceeding and whether the brothers have given particulars of the will, whether the alleged will is stated to be registered or unregistered etc.
However, for getting copy of the will produced by the brother, the plaintiffs need not to approach the High Court and an application under Order 11, Rule 11 of the CPC can be filed in the same court wherein the suit is proceedings and the brother can be directed by the Court to produce copy of the will in the court.
S. Bharath
(Expert) 17 July 2010
The answer to both your questions is 'no'. Even if you manage to file a fresh suit, when it is shown to the court that the fresh suit relates to the same property which is the subject matter of the earlier suit, then you would be inviting trouble. Better option would be to go for a revision petition before the High Court under Article 227 of the Constitution of India and get a direction to the District Court to finish the case within a short time frame. I think your lawyer should be able to help you out with this.
Devajyoti Barman
(Expert) 17 July 2010
No unless the courts grants leave to file afresh at the time of withdrawal of the suit . But in no circumstances both the suit can be allowed on the same subject matter and among the same parties as it is liable to be stayed u/s10 of cpc.
adv. rajeev ( rajoo )
(Expert) 17 July 2010
No case cannot be run concurrently in Dist., and High Court.
You can file a writ before the court seeking direction to the lower court to expedite the case.
G. ARAVINTHAN
(Expert) 18 July 2010
res judicata applies and no one can file more than one suit same relief
Chanchal Nag Chowdhury
(Expert) 18 July 2010
Since the case is already filed, it is advisable that U make an application u/s 24 CPC to the High Court. Some High Courts have specific Rules for this purpose. So,consult a local advocate & act accordingly.
