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Does Section 11 CPC applies to revenue courts
14-May-2023 (In Civil Law)
I have suits instituted at various revenue courts, where the matter is same, parties are same and properties are same. Finally i consolidated the matter and instituted a civil suit recently. My question is that does section 11 of CPC apply to the pending cases in revenue courts (the civil suit case is also pending). In other words, can revenue courts adjudicate, when a civil suit (same matter, same parties, same properties) is pending?
See if in different revenue courts the property in relation to which the suit is filed is different from the one filed in another revenue court then res judicata won't apply as the title of the property becomes different. In your case res judicata would not apply as the matter has not been decided on its merits even though the title of the properties are same in different suits. So section 11 would not apply, however, if the principle of res subjudice, that is provided under section 10 of CPC may apply.
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Adv. Samyak Raj
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