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Civil disputes - We filed partition suit in trial court
1 year ago
We filed partition suit in trial court and it was dismissed and is confirmed in upper courts and then for the same property we put a partition suit in another district court there we get share if the diffendents challenge in high court would first decided case bind for that the 1st and 2nd court parties are different but property is same
A.Dear client in this situation the whole matter is bared by Res Sub-Judice under Section 10 of CPC. As per this doctrine The principle of res sub-judice prevents the court from proceeding with the trial of any suit in which the matter in issue is directly or substantially the same with the previously instituted suit between the same parties and the court where the issue is previously instituted is pending has the power to grant the relief sought.
However, this rule is applicable to the trial of the suit and not the institution. It does not restrict the court from passing interim orders like injunction or stay. However, it applies to revisions and appeals.
However, this rule is applicable to the trial of the suit and not the institution. It does not restrict the court from passing interim orders like injunction or stay. However, it applies to revisions and appeals.
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