chinna (None) 18 January 2023

Judgement and appeal procedure

Sir in a junior civil judge court, Under code of civil procedure U/O.7R-1R/Wsec.26cpc, if the defendent has won the case then what is the procedure to " stop the plaintiff for filing again the suit in the upper court " and " not to make him appear any higher level court ".

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4 Replies

Dalziel Azaria 19 January 2023

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Oh I'd love to know how to not get sued again

chinna (None) 19 January 2023

I don't know I'm a citizen not a lawyer... That's why I'm trying to get the details of not to get sue again in upper court by the plaintiff

Real Soul.... (LEGAL) 19 January 2023

1. My dear it is law and justice , you cannot stop any aggrieved person to appeal, he has the right to appeal. However he cannot file a suit again on the same subject matter – he is barred by law under provisos of civil law – res judicata (Sec- 11 CPC) a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties.

Now if you apprehend he may file an appeal , for that you may lodge a caveat so that when the case comes up for hearing no ex parte order is passed until your appearance and until hearing you.

Adv. Mohit Chahal (Advocate) 20 January 2023

Dear Querist

Any party to the suit aggrieved against the judgment of civil court may prefer appeal. The party need to file the appeal within limitation period provided under law.

But no party can again file the suit of same cause of action before any civil court.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

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