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Sandeep Gupta (Manager)     03 March 2015

Legal opinion

I have filed a case for injunction order in 2013 against defendant which is still pending. Knowing the facts defendant has filed another case in 2014 for demanding the share in the property by suppressing the facts from the court that there is already a case pending. In fact same lawyer has filed the wakalat in the earlier case on the same day when he has filed a new case in 2014. Along with that claim she has also demanded the permanent injunction in her plaint. Can it be possible that she can file another suit to demand permanent injunction by suppressing the facts of other case. Now assume if in one case court grant the injunction in my favor and in other case it is in her favor.  

 

If this is not allowed then under which section of CPC or any other section of law I have to file an application to ask the court to reject the new case.      



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 2 Replies

R.K Nanda (Advocate)     03 March 2015

2 cases between same parties on same property having same cause of action are not maintainable and 1 case has to be stayed by court. move application under section 151 of cpc to stay her case file afterwards.

 
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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     05 March 2015

Kindly brief as to what relief the other party has claimed in the suit filed by him/her. What do you mean by claiming his share in the property????? Plz specify the prayer she has sought in her suit

As such if the cause of action and the relief is different, the second suit is very much maintainable. If it is similar then an application u/s 10 CPC ought to be filed to dismiss the second suit on the principle of Res Subjudice.

But that is a very techincal plea and for that a proper descripttion of both the cases and thr prayer clauses of both are required.

Augustine Chatterjee

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