(a).Where for a same cause of action, various remedies are available before various forums to an aggrieved person(s) and if he availed and exhausted anyone of such remedy before .............

Case Laws January 06, 2025

(a).Where for a same cause of action, various remedies are available before various forums to an aggrieved person(s) and if he availed and exhausted anyone of such remedy before any competent forum and the decision of such forum has also attained finality, then such an aggrieved person could not avail a remedy out of the remaining remedies before any other forum(s) and if he/they does, the same would squarely hit by the principle of constructive res judicata.

(b). Where an aggrieved person had approached to High Court for redressal of his/her grievance and the High Court with full application of mind has finally decided such matter and which has also attained finality, then forthe same set of grievance(s), he could not file a suit before the civil court.

(c). A person who opts to file & initiate any proceedings before a legal forum then he/she/it has to agitate all grounds and will also include all his claims/reliefs and thus the left out grounds & claims could not be agitated & included in the subsequent proceedings.

(d). Any litigating party who resorted to a second remedy after availing and exhaustion of a remedy and the counsel who represent such party and even the judge who entertained and adjudicate upon such subsequent lis would be liable for contempt of court along with the party and his counsel.

(e). Where the very lis/petition is not maintainable on any legal premises then any reference to merits of the case could not be made for the decision of such incompetent lis/petition.

(f). In case of inconsistent findings between the fora below High Court in its revisional jurisdiction shall analyze that judgment of which Court is legally and factually correct without attaching any unnecessary weight to the findings of the appellate Court in its revisional jurisdiction.