Legal Question in Civil Rights Law in India
Can a subsequent suit be instituted in different court by the defendant against the plaintiff with the same allegation?
Asked on 8/29/10, 6:21 am
3 Answers from Attorneys
Vishwa Arya
Arya & Co.
nope, if a suit on the same cause of action is pending in one court, another suit on the same cause of action cannot be filed in different court. section 10 cpc would stay the subsequent suit
Answered on 8/29/10, 8:33 am
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
this is barred by res judicata ad res sub judice.
Answered on 8/29/10, 10:27 am
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
Well, a suit is instituted by a plaintiff; you have asked about filing of a suit by defendant; both cannot have same cause of action.
Answered on 9/05/10, 6:37 pm
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