Possession
Rastogi
(Querist) 07 December 2014
This query is : Resolved
During the declaration and permanent injunction suit the possession is already proved to that of plaintiff and suit is decreed in favaour of Plaintiff. The suit is in second appeal in Highcourt.
One more suit has been filed by defendant in the trail court.
Should the possession of the property needs to be proved again by the plaintiff in the suit filed by the defendant in lower court by letting evidence again?
Or Plaintiff can submit that possession already provded and the matter is pending in second appeal and need not be proved again in trail court
ROHIT SHARMA
(Expert) 07 December 2014
1. Plaintiff can submit that possession has already been decreed and the matter in that context is pending in second appeal before the H.C. and hence the new suit filed by the defendant ( as a plaintiff) be dismissed on the grounds that while an appeal is pending then a second suit cannot be filed in the same matter.
Rajendra K Goyal
(Expert) 07 December 2014
Depends upon the suit matter. If appeal pending in HC new suit can not be filed on same cause of action.
