Res-subjudice


A filed against B a suit for permanent injucntion and the suit is pending. During this pendency, B also filed a suit for permanent injunction against A in respect of the same suit property.A and B in their respective suits  claimed the property to be their and own alleges the other party to be interfering in the peaceful possession of suit land.

Q. whether the second suit is barred by sec.10 CPC?

 
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civil practice

No.Resjudicate is applicable when the suit is decided between the same properties for the same propertyk.This suit is called cross suit.Actually he should not have filed separate suit,but he could have filed counter claim.


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ADVOCATE

No, not barred.  But trial of second suit will be stayed u/s 10 of C.P.C.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Court wont proceed with trial - as per S.10 - In the fitness of things may allow B to amend his WS in earlier suit to include a counter claim or consolidate suits to check multiplicity of proceedings.

 

Feel free to seek any clarifications.

 

Best of Luck !

 

Bharat

Advocate (Delhi)

Convenor : Lawyers for Social Justice

Tel : 9810553252 (only 6 to 9 PM) 


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ADVOCATE

@Niranjan,

Res-judicata will not apply unless earlier suit with respect to same subject matter between the same parties was heard and finally decided.

Res-Subjudice will apply in the facts given by the author.

 
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Advocate

Dear Sir

A small difference between Sec 10 and Sec 11 . That is

Sec 11 is bar  for filing a case itself

but

Sec 10 is bar for doing a Trail.

Credit goes to my Sr late Madhira Subbarao Garu

 with regards

ISRoy, Advocate

 
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