Question regarding the jurisdiction and venue of civil suit when already one case is going on in one city.

5 years ago

I was purchasing goods from one party in Surat, cleared all their bill but they by raising fake bills threatened me to harm. I filed a injuction suit in Delhi courts. Now they are threatening me that they will file a civil suit for payment recovery in Surat. Now my question is that when one case between sane parties regarding same matter is already going on in Delhi courts in., Injuction suit filed by me , Can they file a new civil suit in Surat for recovery of their payments??

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SUMSON .T.S

Responded 5 years ago

A.Once a suit is filed between the parties on a particular issue and the suit is pending then a new case on the same subject matter cannot be filed in any other courts. AND if filed the details of the case first filed can be intimated to the court AND THE COURT MAY PASS APROPRIATE ORDERS.BUT THE FIRST CASE HAS TO BE FILED IN APPROPRIATE COURT HAVING JURISDICTION

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ROBERT D ROZARIO

Responded 5 years ago

A.Go as per the advice of your conducting lawyer. Since there's already a lawyer taken up your matter. If you need to engage a lawyer from Surat contact Vidhikarya for allotting one for you

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Suit is already filed. They can't file same suit again in same court or another court.its res subjudice and their suit will be barred by court. But they can send you legal notice through their lawyer.Kindly contact or approach to local lawyer office through vidhikarya for proper consultation and advise on your query.

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Namitabh Kothari

Responded 5 years ago

A.Yes

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Viswanath M K

Responded 5 years ago

A.It is not possible. This is called "res sub judice", and they are barred from filing a fresh suit on the same cause of action against you..

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