Neeraj Bansal (Auditor) 07 March 2013

Property-shop dispute

Dear sir

We have purchased a Shop about 30 years ago from Mr A. Mr A purchased the shop From Mr B. About 15 Year ago Mr. B file a suit on us and Mr. A that this is his shop and it is purchased fraudelently. Case is running in the district court of UP. Many times the case has been rejected by the court due to proof. But he again and again makes the suit in the court to face the problem. Many times this case is rejected by the court since he could not appear in the court.

We talked to our lawyer regarding any remeady for the same so that he can not file a court for the same. But lawyer said there is no provision in law regarding this.

I need help... Please help in this regard?? How can we stop him to make a suit ? ? is there any provison in law to avoid such irrelevant sue ?

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4 Replies

MohammedRaffiq Bijapur (Advocate) 07 March 2013

Bansal ji

Please note if once the matter is decided on merits. No fresh suit can be filed by the same party in respect of same property. Ask ur cousel to refer Sec 11 of CPC.

This is only for facts u narated.

Neeraj Bansal (Auditor) 07 March 2013

Sir,

Thanks for your valuable suggestion Sir. One more thing i would like to discuss with you. The other party appears only few in the court like 10 dates given for hearing and appeared for 1 so because of this 3-4 times case also dismissed by the court. and the other party also again fie the suit by giving the reason and the court accept the application . What we can do ? ?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 March 2013

No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.

Neeraj Bansal (Auditor) 07 March 2013

Sir,

Chary Ji, if the case is not dedcided by the court and it is rejected due to absence of the other party, will section 11 of cpc applicable as the matter is not dedicded, it is rejected due to absence? ? a