Jurisdiction

Guest (Querist) 12 March 2013 This query is : Resolved
If a case is filed in a civil court, which should have been filed in a family court, what will be the implication.

Will plaintiff get opportunity to re-rile such case in family court.

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Raj Kumar Makkad (Expert) 12 March 2013
On making application to withdraw and permission to file afresh before family court on the same cause of action can be sought on the ground of wrong jurisdiction. The period spent in civil court can be got condoned.

Guest (Querist) 12 March 2013
But in case defendant presses the civil court to dismiss the case due to jurisdiction and case is dismissed then how case will bw filed in family court.

Raj Kumar Makkad (Expert) 12 March 2013
If the civil suit has already been dismissed, you must have mentioned this in your query. Why do you seek solution by throwing facts in installments?

If the suit has been dismissed and if the cause of action still runs then there is no problem to file the petition before family court. There is no bar to file afresh before the court having proper jurisdiction if the earlier suit has been dismissed on the ground of jurisdiction not on merits.

prabhakar singh (Expert) 12 March 2013
A dismissal on technical ground of lack of inherent jurisdiction shall not bar the second suit as principal of resjudicata would not apply and excuse for limitation ,if passed away, can also be sought to be excluded proving grounds mentioned in section 14 of the Limitation Act,1963.

Adv k . mahesh (Expert) 12 March 2013
if the case was dismissed on jurisdiction and not on merits then you can file a fresh on merits and jurisdiction

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