Can one file Same case in tribunal and court
2 years ago
Can same case which is already in process in tribunal can be registered in other court like session court
It may be registered cunningly or stealthily but if opposite party brings to the notice of Court/Tribunal then it will be dismissed with your cost. At your risk you may file it and proceed.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
No, you cannot approach the court and tribunal for the same case. Even if you file the competent court shall have the power to bring the stay on the proceeding.
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No, you cannot approach the court and tribunal for the same case. The purpose of establishing the tribunal shall nullify if the same case is filled in a court and tribunal. Even if you file the competent court shall have the power to bring the stay on the proceeding.
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A.No it is not possible to file a same or similar case with same case of action in two court/tribunals. If sone does that then the court will stay the suit under Section 10 of CPC.
Res sub-judice
Subjudice in latin means ‘under judgment’. It denotes that a matter or case is being considered by court or judge. when two or more cases are filed between the same parties on the same subject matter, the competent court has power to stay proceeding under Section 10 of CPC. However the doctrine of res-subjudice means stay of suit.
Civil Procedure Code
Section 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 in 1[India] have jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1[India] established or continued by 2[the Central Government 3* * *.] and having like jurisdiction, or before [the Supreme Court].