We got order of Declaration in our favor in1989 after a long period from a sub court in the appeal suit we filed.After that we sold certain part of land in1994.Again certain persons who got defeated in the appeal suit stood in the way of sale and threatened us.My brother who was ill literate[no more now] filed original suit in1995praying for Declaration &Injunction.After a gap10 years i.e in2005 District Munsif dismissed the o s .not only overriding the higher officer, order but also contrary to section 11 of CPC 1906.is it correct?
I would like to know judgment citations with an answer in detail
Could we initiate contempt of court proceedings against the District Munsif who reversed her higher judiciary officer?
Res Judicata atracts. Please send relevant citations
1) if you had already got orders in your favour in 1989 what was need of yiur brother to file subsequent suit in respect of same cause of action
2) court had already held you are absolute owner of property
3) was order passed by sub judge placed before munsif court ?
4) you should file an appeal against order
5) it is necessary to peruse both orders cited by you to advise
Hi, when the Resjudicata applies that when the same cause of action suit was filed and already decided by the competent court then again suit was filed against the same cause of action.
Citations depend upon facts of each case
Your local lawyer will provide you citations
1) yiur remedy is to file an appeal not contempt of court proceedings against munsif
2) no contempt of court proceedings are maintainable against the district munsif
You are saying that in appeal the first appeals court ruled in your favour. How was the relief prayed for in the second suit similar to the one that was decreed in the first suit? Was the first suit finally disposed?
By no stretch of imagination contempt of court is made out even if it is proved that res judicata attracts.
The suit filed by your brother in the year 1995 seeking declaration of title was unnecessary.
You say that the suit filed in 1995 was dismissed in the year 2005 overriding the order of higher court, what was the decision that was overtaken by the munsif court? Why was this suit dismissed?
The lower court has invoked section 11 CPC rightly.
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.
Explanation I- The expression "former suit" shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
Explanation II.- For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
What is the contrary that you have observed to the section 1 of CPC in this regard?
You have to specifically ask the question giving the details while seeking solution for the problems you are facing.
I would like to know judgment citations with an answer in detail
You give the details of your case which was dismissed i.e., the judgment portion which dismissed the suit citing the reasons thereon.
Could we initiate contempt of court proceedings against the District Munsif who reversed her higher judiciary officer?
You cannot initiate contempt proceedings against munsif.
First furnish the details of the original judgment and also the judgment given by Munif court reversing the higher court judgment. Was there a mention about reversing the higher court judgment in the Munsif court judgment?
You have not said that whether the suit filed by your brother subsequently did contain a mention about the previous suit in this regard?
What made you to be silent for more than 10 years, i.e., from 2005 onwards till ate that you are seeking clarifications for the judgment pronounced a decade ago.?
Res Judicata atracts. Please send relevant citations
You may have to look for the citation yourself, they are not supplied here.
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