KALYAN MITRA 10 February 2020

MC EXECUTION

If a execution is in sub- judice in a court, then another new execution,could be filed?

2 Replies

Real Soul.... (LEGAL) 10 February 2020

No you need to withdraw the already filed petiton with leave to file fresh one,you cannot file execution of same decree twice in differant or same courts; that is res sub judice.

Joy Bose 10 February 2020

Hello,

No, you cannot file the case in another court as it is restricted under section 10 of the CPC which talks about the doctrine of Res sub-judice.

10.Stay of suit

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court.

Regards

Joy Bose