Clarification regarding to join a hmop case processed by two courts

It is called res judicata. 

It means a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties.

Thank you sir for your suggestion.

But the myself filed HMOP Conjugal rights case order was cancelled  and tranfered to other court by high court order.

So currently reopned the case in new court . And the same time  filed divorce case in another court by my wife.

In this situation  can we  conduct the both cases under single court instead conduct in two court? please let me know if any way available to do this.

Under this section of C. P. C 1908  deal with the provisional part used to exercise this right hand how the application regarding such transfers be made and whom to be made with such applications. As per the statute the application may be preferred to any court which is immediate superior to the trial court or the appellant court of that trial court. Subjected to following circumstances: –

When the appellant court is same:- when the suit is to be shifted or transferred to  court which have same court of appeal or under same subordination such transfer application would be preferred to appellant court.

When the appellant courts are different: – when both the courts of trial lies under different court of appellant jurisdiction. Then the application would be preferred to the high court under which both the courts are subordinate to.  The High court after observing the substance of the complaint would decide the application and dispose it off accordingly.

When both the trail court are under different High courts:- In a case where both the litigant parties claim under the court which have different High court  jurisdiction. Then such an application shall be preferred to the High court which has jurisdiction over the court in which the case was firstly instituted.

Hope that above information would be helpful.

Many Thanking for your suggestion Madam. Its very useful for me.

Since in your case both cases are running in different High Courts. So, both of you can file an application seeking the transfer of a case in one trail court. High Court after receiving an application will conduct thorough enquiry whether such transfer is required to meet convenience for both parties.

Hi,

Please elaborate further.  Thaank you.

Conclusively, you may apply under the relevant provision Section 23(3) of CPC (transfer application to HC) which governs this case.

Originally posted by : Archana Pandey

" Since in your case both cases are running in different High Courts. So, both of you can file an application seeking the transfer of a case in one trail court. High Court after receiving an application will conduct thorough enquiry whether such transfer is required to meet convenience for both parties."

Madam not running in different High Courts, both cases running in different sub court .  Many more thanks madam for your effort , i can understand now.