Thread by @Hareshraichura

Thread : Why a litigant gets embroiled in multiple cases even when he is not a fault....

1/ #Lawyers will naturally earn more when a client has to fight more than one cases. This issue need to be examined by those concerned with laws in #India

2/ One Example : Suit for possession without seeking decoration of title is not maintainable but a fresh suit can be filed.

1) So first a litigant files suit only for possession and obtains stay against sale of property.

2) When other side points out defect in title,

3/ then the plaintiff withdraws suit and files another suit for possession as well as declaration of title..

The client will have to pay more and more fees.

4/ We have seen cases where though petition under Sec.482 of CR PC was to be filed, the party files Art. 226 petition, obtains some interim relief, then after some days, he withdraws this Art.226 and files proper Sec. 482 petition.

This time also the party has to incur costs.

5/ The aim of multiple litigation is often "Forum Shopping".

The litigants are advised to file cases in forums where chances of their getting interim orders are high.

(Even if main case may not be maintainable in that court).

6/ There can be no visible to solution to this problem, because the root cause is about "Ethics".

And today, it looks very strange to talk about ethics.

If we give talk on Ethics, people look at us as if we have come from The Mars.