FILING FRESH SUIT

chetan (Querist) 10 January 2011 This query is : Resolved
I WANT TO KNOW WHETHER IT IS POSSIBLE TO FILE A FRESH SUIT FOR FRESH ARGUMENT AFTER JUDGMENT.

THANKING YOU!!!!

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R.Ramachandran (Expert) 10 January 2011
You can go for review / appeal, BUT YOU CANNOT FILE A FRESH SUIT ON THE SAME ISSUES FOR FRESH ARGUMENT ETC.

Sachin Bhatia (Expert) 10 January 2011
You can not file a fresh suit on the matter already decided.

Devajyoti Barman (Expert) 10 January 2011
what do you mean by fresh suit? Even if the same could be filed how you expect fresh argument immediately.

Amit Minocha (Expert) 10 January 2011
if it is on the same cause of action you are barred under the law + you have to ensure that the relief claimed now was not claimable by you at the time of previous suit.

G. ARAVINTHAN (Expert) 10 January 2011
if you file a suit for same cause of action, then it would be barred by RES JUDICATA

Gulshan Tanwar (Expert) 10 January 2011

Kirti Kar Tripathi (Expert) 10 January 2011
fresh suit will be barred by the principle of res-judicata. you can file appeal or review application in the same suit.

Y V Vishweshwar Rao (Expert) 10 January 2011
I agree with lrd Friends !

Once Judgment is pronounced - Suit is decided by the Lower Court - the remedy on the same cause of action for the same relief is only to file appeal /Review - subject to law of limitation !

Advocate. Arunagiri (Expert) 11 January 2011
on the same cause of action, no fresh suit can be filed. You can prefer appeal.

Pritam Saini, Advocate (Expert) 11 January 2011
you can file application u/o23 rule 1 for permition to withdraw the suit to file fresh on the same cause of action.But permision is depend on ground of formal defect or abondon of part claim. In these regard court must be satisfied about the existing the reasonble ground for granting such permision.You must also gone throug the above provision as well as "K.S.Bhoopathy vs Kokila" AIR 2000 SC 2132

R.venkatesh Naidu (Expert) 11 January 2011
after prononcued judgement in a matter, a fresh suit cannot be filed by the same parties under same cause of auction i.e. the same matter) in the same court, only appeal can file on that matter to its higher court. if it files the res-judicata will arise in that matter.

Parveen Kr. Aggarwal (Expert) 13 January 2011
A second suit on the same cause of action is not maintainable. The provisions of law contained in various provisions,e.g. section 11, Order 9 Rule 8, Order 2 Rule 2 of the Code of Civil Procedure, 1908 bar filing of second suit in respect of the same subject matter.

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