Stay of suit
5 years ago
If a civil suit is pending in a civil court and subsequently a written petition is filed on the same grounds and cause of action in High Court,can the proceedings of lower court be stayed untill the decision of High Court is made ?
ROBERT D ROZARIO
Responded 5 years ago
A.Facts not clear. Can you be more specific of your situation. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. For your understanding section 10 and section 11 of CPC reads as follows:-
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 India
having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the
Central Government and having like jurisdiction, or before the Supreme Court.
Section 11. Res judicata— 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.
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 India
having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the
Central Government and having like jurisdiction, or before the Supreme Court.
Section 11. Res judicata— 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.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Before this you must be wait for your lower court judgement. on which stage your case is pending? High court will consider your case but after lower court judgement.filing a case on same subject matter in different court is void.
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Rajeev RJ
Responded 5 years ago
A.In this case you have file serious objection before the High court then the Court will consider the same .
regards
rajeev
RJ Associates
Trivandrum
regards
rajeev
RJ Associates
Trivandrum
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Sushama
Responded 5 years ago
A.Hello
Firstly you should not file the two cases on the same ground in both courts.
Firstly you should not file the two cases on the same ground in both courts.
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A.Read Section 10 of the Civil Procedure Code. Later proceedings to be stayed. But here the HC will take a decision.
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Nirmal Chopra
Responded 5 years ago
A.High court has the power to stay trial proceedings of the suit.But generally high court asks party approaching it to go to civil court.Rest depends upon facts of the case also.
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