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KALYAN MITRA   10 February 2020

MC EXECUTION

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


Quick Summary
If an execution case is currently under judicial review (sub judice), you cannot file a new, separate execution for the same decree. This is due to the legal principle of Res Sub Judice, as outlined in Section 10 of the Civil Procedure Code (CPC). To proceed, you must withdraw the existing petition with permission to file a fresh one, rather than attempting to file the same execution twice.

 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

 


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