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Atul Chandra (Sr Management)     29 August 2009

Two legal courses simultaneously

Suppose someone has filed a case in court. Can he file a case in some other forum (say consumer court or some other legal/ qausi-legal forum) for the same case while the case is sub judice.

What are the relevant rules about this ?

 



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 7 Replies

A V Vishal (Advocate)     29 August 2009

No two cases at different fora for the same facts of case and similar relief can be filed and particulary when the matter is sub judice

1 Like

Atul Chandra (Sr Management)     30 August 2009

Thanks a lot for your guidance. Can you tell me about the particular rule that prohibits such course of action.

Rajan Salvi (Lawyer)     09 September 2009

5. InJai Singh v. Union of India it has been laid down by the Supreme Court that a litigant can not pursue two remedies simultaneously. However the Apex Court in JT 2004 Supplement (2) SCC 601, S.J.S Business Enterprises (P) Limited v. State of Bihar in paragraph 14 has provided that where a litigant is pursuing two remedies simultaneously, the court should give him an opportunity to opt and to choose one of the remedies before throwing out his writ petition on the ground of alternative remedy which is being persuaded by him.

1 Like

Atul Chandra (Sr Management)     09 September 2009

Thanks a lot, Mr Rajan Salvi.

Atul Chandra (Sr Management)     10 September 2009

Suppose a person meets with a road accident and a case is filed in court against the errant driver. Now, the injured in not fighting the case, it is the state which is fighting the case against the errant driver. Meanwhile the injured person is aggrieved by the treatment he received in a hospital. Can he file a case against the hospital or a doctor while the accident case is still sub judice ?

Rajan Salvi (Lawyer)     11 September 2009

Definitely. The case in court against errant driver is under 279 IPC for rash and negligent driving where he may be punished by either imprisonment or fine. The injured person can file case against doctor for deficieny in service under consumer act or civil law as suit for compensation.

1 Like

Gagan Gupta (Advocate)     24 April 2010

Both are separate matters and can be persued simultaniously.

1 Like

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