Upgrad LLM

filing a civil suit twice


I filed a suit for injunction on a property, but, later got to know that the plaint was not made suitably and so, left the case uncontested after 2-3 dates. The case got "dismissed by default".
And later, I filed a fresh case for recovery of possession of the same property with the same defendants.

My question is that, will this have any implication on the second case?

Best regards

 
Reply   
 
consultant

Filling of fresh suit not allowed in the situation, you need to file restoration. Fresh suit would have been allowed if summon not properly served/ both party did not appear. However discuss with your advocate.
 
Reply   
 


Advocate Solicitor & Consultant

No you can not file a second suit on the same subject and issue. You would have withdrawn that first case first and then only have filed a fresh suit keeping observations under  odr IIIX rule 11 & 13 where rejection of plaint does not preclude presentation of fresh plaint . Now you make a condonation application in the same court for the reviving/  restoration of the same case along with submitting some reasonable points for not getting attended the case on previous dates. As soon as the case gets revive you apply for the changes in plaint under ord. XI rule 17 CPC.

 
Reply   
 
Advocate

Since your previous suit on the same grounds was dismissed for default, the law of res-judicata operates hence a fresh suit is not maintainable on the same cause of action. Better restore the previous suit, in case you feel some items have been omitted and need to be included now, you may file an amendment petition to amend the plaint.

 
Reply   
 

In the first suit you have possession in the schedule property and so you prayed for injunction. That case was dismissed for default.

Now you have filed another suit for recovery of possession because the defendant got in possession pending the first suit. The second suit is filed with another fresh cause of action. So there is no implication in filing the second suit.

 
Reply   
 
Retired Government Servant

There is no res judicata for injunction suits. Every threat for possession and enjoyment becomes an independent cause of action. As advised by Vivekanandan, you can file suit for recovery, but subject to law of limitation.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x