cpc

injunction order.

proprietor

Respected Experts,
A court has ordered status quo and is pending judgment.
1. Can fresh suit be filed in other equivalent court for status quo making one of the party to the new suit.
2. whether the new court take cognizance of the previous order or shall have the powers to pass such orders.
3. if both court pass orders will it not lead to conflict of orders???
 
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proprietor

Dear Omprakash ji..
my query was regarding maintainability of the status quo order. Can both courts pass orders for the same property.
 
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A new suit in another court  between same parties for same cause of action and relief is not maintainable while earlier suit between same parties for same cause of action and relief is sub judice before another court.


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proprietor

the new suit for same cause of action wherein one of the party is same and other new person. but property is same
 
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No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially on issue in a previously instituted suit between the same parties or between the parties under which they claim litigating under the same title where such suit is pending in the same or other court.


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