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Sandeep Gupta (Manager)     07 January 2019

Query about cross suit against each other

I bought a property and due to some disturbance form one family, I have filed an injunction suit against the family to restrain them form the property which was pending before the court and court has given a temporary injunction. Later one of the same family member (daughter) filed a partition suit claiming her share in the property and also in her prayer she has added one prayer to grant permanent injunction against me along with partition prayer without disclosing the facts that there was already an injunction suit filed by me against her and others which was well known to her. Can she file another case with the same prayer to grant permanent injunction when there is already a case pending with the same prayer against her? Only difference is that case filed by me earlier to grant permanent injunction against her and in later case which she has filed is to grant permanent injunction against me along with prayer for partition. What should be my next step. Can I file application under order 7 rule 11 or any other law to reject the case?


 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 January 2019

Res Judicata under Code Of Civil Procedure, 1908 Section 11 of CPC embodies the doctrine of res judicata or the rule of conclusiveness of a judgement, as to the points decided either of fact, or of law, or of fact and law, in every subsequent suit between the same parties.

Sandeep Gupta (Manager)     08 January 2019

Sir, Thanks for your reply. Will this principle of Res Judicata in Section 11 of CPC  applied in subsequent suit only if final judgment is rendered by the court in earlier suit. Or it can also be applied where temporary injunction is issued in the earlier suit and still pending while one of the defendant filed another st.

Please also note that my suit was purely an injunction suit while she has filed the subsequent case for partition and other consequential relief and also to grant permanent injunction against me.   


 


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