(Querist) 05 September 2009
This query is : Resolved
Sir, I would like to ask that a case is pending before the civil court now plantiff have brought new case on the basis that defendant did somethig wrong with regard to present case. can plantiff bring such civil suit with out serving notice u/s 80 to dependant?
Second question: plantiff filed civil suit before a district court without giving vakalatnama but has attached one memo while 3 /4 hearing have already passed.
third question: Is it possible in our judiciay system when civil judge refuses to accept a civil application then advocate may directly approach to District Judge orally and District judge may aks civil judge to accept the application.
(Expert) 05 September 2009
Hello sir, I have receive u query Plaintiff cannot bring new case on same content of case/ cause of action. It is forbidden by law S. 10 of C.P.C. RES-JUDICA Plaintiff should serve notice u/s 80 C.P.C. to defendant when defendant is Government party or public officer Plaintiff didnot serve notice U/s 80 C.P.C. to defendant when defendant is Government state or central Government or public officer A suit may file with the permission of court in urgent relief against government and without serving notice U/s 80 of C.P.C Every person through advocate file vakaltnama in the court or if such parson interest in conduct case self he can do so but with the permission of the court. If civil judge refuse any application /order /Judgment suffering party have right to approach higher authority by filling APPEAL,REVISION before the court