My mother already filed Title suit before lockdown. But after that court don't entertaining or ready for hearing old cases at right now.
2 years ago
My mother already filed Title suit before lockdown. But after that court don't entertaining or ready for hearing old cases at right now. So at this stage can my mother file again suit in same court? Can she get injunction from new case? Because oppositions taking possession in that property.Kindly suggest me
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Your mother if files another Suit in that Court 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, then that latter Suit will be stayed as per Section 10 of the Code of Civil Procedure, 1908,as amended up to date. She will not get any injunction Order in that new Suit.
To suggest legal remedy,it is necessary to scrutinize the Plaint, Written Statement and associated Petitions and other documents filed in this Suit.
To suggest legal remedy,it is necessary to scrutinize the Plaint, Written Statement and associated Petitions and other documents filed in this Suit.
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