Filing of a suit

Querist : Anonymous (Querist) 05 April 2010 This query is : Resolved
A suit filed for partition and a suit with respect to the same suit property a new suit can it be filed for a different prayer?

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Kiran Kumar (Expert) 05 April 2010
yes it could be a possibility like filing a suit for Mandatory Injunction :)

all depends upon the facts and circumstances of the case.

Parveen Kr. Aggarwal (Expert) 05 April 2010
No, when a suit is already pending between the same parties pertaining to the same property, second suit with regard to the same property between the same parties cannot be proceeded with. It will be stayed by the Court under section 10 of the Code of Civil Procedure, 1908.

Swami Sadashiva Brahmendra Sar (Expert) 06 April 2010
Kiran Bhai,
Sabhi cases aap akele hi nibtayenge ! Aur logon ko bhi to kuchh excercise karne dijiye! ya fir aapko senior disignate karaya jaye!

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