Withdrawl of suit

Arun Bhatia (Querist) 14 March 2011 This query is : Resolved
Can the Plaintiff pray for altogether a opposite relief in a different court in respect of a property when he has already prayed for some relief in respect of the same property in favour of Defendents in a earlier suit without withdrawing the earlier suit and also without disclosing the fact of earlier suit, thus resiling from the admission made in earlier suit.
Kindly support with case law

Follow Query

Report Abuse

Parveen Kr. Aggarwal (Expert) 14 March 2011
The second suit itself is not maintainable. You may file an application either for rejection of plaint (Order 7, Rule 11, CPC) or for stay of the subsequent suit (Section 10, CPC). His contradictory and inconsistent pleas in different suits will be beneficial for you.

s.subramanian (Expert) 14 March 2011
Both the suits are liable to be dismissed on the ground of fraud and wilful suppression of facts.

Rajeev kulshreshtha (Expert) 14 March 2011
No,If there is a position like this than the other party get benefit of that and suit be dismissed.

G. ARAVINTHAN (Expert) 14 March 2011
this plea is making court as a clown. No one can be permitted to play fraud upon court

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries