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Kevin Thomas   27 December 2021

Lower court disposal of judgement query. case pending with district court.

Query -  When a party(Defendant - Bank in this case) wins a case in the lower court against the Plaintiff, is it still possible for the winning party (Defendant) to file a suit against the Plaintiff in the same lower court? The case after it was lost in lower court, the Plaintiff immediately filed a case in the District court against the lower court order and it is now pending with the District court. In the meantime, the Defendant (Bank's Lawyer) went ahead and still filed a suit against the Plaintiff in the lower court for the same matter. It puzzles me here - When the case is already won by the opponent party or Defendant in the LOWER Court, why is the suit filed for the same case in the same Lower Court?? and that too when the case is now pending with the District court? It is not illegal for the Defendant to do so? The Defendant's lawyer  also issued summons on behalf of LOWER Court which said they will take action against the Plaintiff if not present in Lower Court to give statement on the lower court's Judgement. Please reply. Thanks.


 1 Replies

Kawmini Liyanage   30 December 2021


The Indian Civil Procedure Code of 1908, specifically laid down the procedure for the first appeal. Sections 96 to 99A and 107, 108 set out the process, clearly emphasizing the fact that the first appeal should be filed at a superior court to the court which granted the original judgment. Hence, in the answer, filling by your party can reject the case by way of showcasing the non-compliance of setout law . Further, pleading can be made to the court to dismiss the case in the first instance, as it lacks jurisdiction to hear such a case. 


Kawmini Liyanage.

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