Can more than one suit file on same cause of action at different court and for different relief
k.Satyanarayana
(Querist) 06 December 2012
This query is : Resolved
Dear Sir petitioner filed civil suit before civil Jduge (Jr Dvn) for permanent injunction . Thereafter one year when the matter still before the above court, petitioner filed one more civil case before Civil Judge(Sr Dvn) on the same cause of action for injunction and declaration. whether party can suit more than one suit on the same cause of action for different prayer
Devajyoti Barman
(Expert) 06 December 2012
No, this would be barred under order 2 Rule 2 of CPC.
Raj Kumar Makkad
(Expert) 06 December 2012
No. such abuse of process is not available to anyone as Indian law.
Murtaza Chherawala
(Expert) 07 December 2012
Your language reflects that you are a lawyer. There is a concept of constructive resjudicata, which bars a second suit on the same cause of action, though the prayer is different. If a person files a suit and omits to claim certain relief, he is barred from claiming the relief in a subsequent suit, if the cause of action is the same. You can also move an application for trying both the suits as one or for trying both the suits together. That way the purpose of your opponent to create multiplicity of litigation shall be defeated.
ajay sethi
(Expert) 07 December 2012
agree with experts
Guest
(Expert) 07 December 2012
Experts are right in their opinion.
k.Satyanarayana
(Querist) 11 December 2012
Dear sir
As per the land reforms act if a company wants to purchase agricultural lands for industrial use, first company should take permission from the Govt. Since it is long process for converting into non agricultural purpose, for time being company purchased in the name of agriculturist by providing amount to him. After one year, company applied for permission from the govt to purchase land from the above agriculturist. whether it attracts benami trasaction
prabhakar singh
(Expert) 11 December 2012
I opine humbly and with due respect to experts that the very first query neither relate to order 2 rule 2 of c.p.c nor does it relate to the principles of "constructive resjudica"
RATHER THE SAME SHALL BE GOVERNED BY SECTION 10 OF THE C.P.C which reads as under:
"Stay of suit. - No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of the them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
Explanation. - The pendency of a suit in a foreign court does not preclude the courts in (India) from trying a suit founded on the same cause of action."
prabhakar singh
(Expert) 11 December 2012
Dear Author : k.Satyanarayana!
I fail to under stand how your second question is related to first one.
Can you tell the mode in which company provided the agriculturist money and how the accounting has been done.
So far benami transaction is concerned,the same is prohibited by law.
Raj Kumar Makkad
(Expert) 11 December 2012
Denial of having provision of subsequent suit pending the earlier is already covered under the advice given above.
prabhakar singh
(Expert) 11 December 2012
In a reported decision [Ramchandra Dagdu Sonavane (Dead) by L.Rs. v. Vithu Hira Mahar (Dead) by LRs. & Ors., AIR 2010 SC 818], the Supreme Court has explained the doctrine of constructive res judicata as applicable in Indian law.
Sudhir Kumar, Advocate
(Expert) 11 December 2012
You said "one suit on the same cause of action for different prayer "
This indicates that the suit is different although cause of action arises from same set of facts.
Raj Kumar Makkad
(Expert) 11 December 2012
A general querist do not demand the relevatn law rather the simple reply of his query which has already been provided.
prabhakar singh
(Expert) 11 December 2012
The extract of Order 2 Rules 1 and 2 of the Code for ready reference is here below:
"1. Frame of suit: Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. 2. Suit to include the whole claim:
(1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.
(2) Relinquishment of part of claim: Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
(3) Omission to sue for one of several reliefs: A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted."
The Supreme Court in Alka Gupta Vs. Narender Kumar Gupta dealt with the provisions of Order II Rule 2 of the Code of Civil Procedure, 1908 while also dealing with the concept of 'Res Judicata'.
prabhakar singh
(Expert) 11 December 2012
I am pointing out to experts to clarify if section 10,11,or order 2 rule 2 of C.P.C shall apply?
Why so much agitation for a simple thing.
