abuse of process of court
Arun Bhatia
(Querist) 31 March 2011
This query is : Resolved
The property ‘A’ situated at Amritsar and Property ‘B’ situated at Ambala were transferred in the name of defendant in view of Will executed by his mother to which the Plaintiff gave his NOC.
Later,the Plaintiff filed a suit in Amritsar court for Declaration praying the court for a decree to declare him(Plaintiff) as owner in possession of property ‘A’ and declare the Defendant as owner in possession of another property ‘B’ in view of an family settlement. Also prayed for injunction restraining defendants to sell the property ‘A’ of which he became owner in possession. Later in view of a compromise filed in the court together with an affidavit admitting the fact of having entered into a compromise, the property ‘A’ was sold by defendant, entire consideration received by the Plaintiff as per compromise by A/c Payee cheque, the Plaintiff himself appeared before the subregistrar, Amritsar as an attesting witness to the sale deed executed by the Defendant. As the claims of Plaintiff were satisfied before the next date fixed by the court, he without withdrawing the first suit, filed another suit in Ambala court praying for injunction of Ambala Plot as the earlier settlement is not honoured by the Defendant without disclosing the fact of proceeding held in Amritsar court. This is just to take undue benefit of the process of the court as the relief prayed for in Amritsar suit were still in force. The Amritsar suit was not pursued by the Plaintiff (as his prayers made were satisfied as per the compromise) and the defendants having submitted in the Amritsar court of satisfaction of prayers made by the Plaintiff and the suit dismissed for default.
Is second suit is maintainable, kindly support with case law.
