If the fresh suit has been filed with the same cause of action then you can file a petition seeking seeking to reject the plaint on the grounds of res judicata by filing an application under order 7 rule 11 cpc.
New civil case filed against us when we have already holding decree on same property.
Hello Law protectors, We have 5 acres of land on which our opposite party had filed a suite and it was dismissed and we got the decree. When we have filed a case to execute the decree under Order 21 Rule 11 of CPC with police protection, the opposite party has made other third party to file a new case on same 5 acres of land. and now both these parties are ill legally entering our land and cultivating it. we have filed 3 FIRs but police is silent as they have political background and they have their property surrounding ours and not providing the road to access our land. The third party has also moved to Tahsildar court saying not to do kaata conversion on my father name when my grand father passed away. That was rejected by Tashildhar and he allowed kata conversion into my father name, this was 18 years back and third party did not appeal against tashildar orders and he did not move to AC court also. But he as now initiated a fresh civil court. If execution order takes time and opposite parties cause harm to our property. what can we do ? Our lawyer says we need not to request for fresh injection order as we have already got Decree. How to handle these two parties legally as we don't have much background and i leave in Bengaluru for my work and my old age parents leave in my native.
Asked 4 years ago in Civil Law
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18 Answers
Because of covid courts are hearing only urgent cases
2) execution of decree may take around 2 years
3) post security guards in your property
4) install CCTV cameras in land
If they harm they will be liable to make good. You can pray for such interim relief before execution court
As third party is not involved in previous judgment, but he as filed the case on same land where we got decree. Does then ResJudicata will apply to the new case on same land by third party??
Asked 4 years ago
The doctrine of Res Judicata is applied by the court where issues directly and substantially involved between the same parties in the former and present suit, are same.
2) The test is whether the party litigating is in law the same or a different person.
You may have to see that in what way he is involved in this suit property and whether he has any locus standi to claim any relief.
In any case you can look for grounds to reject the plaint if he is an unrelated and stranger to the property mentioning that he is wasting the time of court and others by such vexatious litigation.
No it will be not Resjudicata as party is different. Court will only decide his rights in the said petition
As i said in first question, the third party had moved to Tashildhar court already 18 years back, which was rejected by tashildhar and he has not moved to AC court appealing. Will Civil court consider this ? Does Tashildhar court order has any value. ?
Asked 4 years ago
CIvil court would consider fact that plaintiff had filed case before tehsildar which was dismissed and no appeal was filed against said order
Dear Client,
you can file a criminal complaint about trespassing before the magistrate. also, the new civil suit can be rejected on limitation bars if that an appeal after 18 years.
Thank you
The rejection of application by the Revenue court is a substantial documentary evidence to support your claim, hence you may utilise the said document in your application filed under order 7 rule 11 seeking to reject the plaint
The third party has not mentioned about he has moving to Tashildar court on this property before in the new civil suite. does that mean he has not approached the court with CLEAN HANDS.? will court consider this ?
Asked 4 years ago
Plaintiff who has not come to court with clean hands is not entitled to any relief
in your reply draw attention of court to material suppression of facts by plaintiff
Yes court will consider the said fact if you bring it on record before it
If he has suppressed the facts and the background of the case before the court while filing this new suit, it is an advantageous situation to you to file a petition seeking to reject his plaint for this reason also.
Dear Client,
Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”.
In simpler words, the thing has been judged by the court, the issue before a court has already been decided by another court and between the same parties. Hence, the court will dismiss the case as it has been decided by another court. Res judicata applies to both civil and criminal legal systems. No suit which has been directly or indirectly tried in a former suit can be tried again.
you can file a criminal complaint about trespassing before the magistrate. also, the new civil suit can be rejected on limitation bars if that an appeal after 18 years.
Thank you
Get the decree executed through the court who passed the decree. Move the EP again.
Hello, We had filed the EP before the court on the judgment we got on the case filed by Plaintiffs(We are defendants). as opposite parties are entering our property with illegal means and threatening us even though the case filed by them was dismissed. And we have asked for Police protection. But now during the hearing Judge says that as You are not the plaintiffs and the case is just dismissed with Cost hence we can not provide the police protection. So what is the use of we contesting the case and we are not getting the protection from the law.? Below are the points from the judgment copy for your reference. Please suggest to us what can we do to get law help to avoid these lawbreakers. After hearing both the sides and perusing the records, the points that arise for my consideration are: 1. Whether the plaintiffs/appellants prove that they are the owners of the suit schedule properties? 2. Whether the plaintiffs prove that they are in the possession and enjoyment of the suit schedule properties? 3. Whether the appellants prove that the judgment and decree of the trial court is not in accordance with law and it is perverse? 4. Whether the appellants/plaintiffs prove that the interference of this court is necessary to the judgment and decree of the trial court? 5. What order or decree? 11. On appreciation of the materials on record and hearing the arguments, I answer the above points are as under: Point No.1 : In the Negative Point No.2 : In the Negative Point No.3 : In the Negative Point No.4 : In the Negative Point No.5 : As per the final order, for the following By judgment, it is ordered and decreed that the suit of the plaintiff is hereby dismissed with cost. And under schedule, they have mentioned our property extent and bounded by details.
Asked 3 years ago
You have to file separate suit seek injunction restraining plaintiff from entering your property and disturbing g your possession
The main contention here is that you can put on record the decree and pray for dismissal. Only if new facts are on record in the said suit which were not discussed in suit filed by you will be considered by court in new suit
Since you were not the plaintiff, no relief has been passed in your favor.
The plaintiffs case was dismissed, therefore there's no question of filing EP from your side.
There was no counter claim filed by your side
Hence you may have to approach police if iin case you feel the threat from the opposite party.
Dear Client,
If subject matter of the suit is the same as the previous decree that you obtained, then it is not possible to go through with the suit again , unless it is an appeal against the same order or decree as it will not be maintainable because of the principle of double jeopardy.
Thanks & Regards