Proceedings On Similar Grounds

06 Aug 2025 --
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Proceedings on Similar Grounds

⚖️ What Are “Proceedings on Similar Grounds”?

“Proceedings on similar grounds” refer to multiple legal actions (petitions, suits, applications, or appeals) initiated by the same party or related parties, where the cause of action, legal issues, or facts are either identical or substantially the same.

Such repeated or parallel proceedings are often viewed as:

Abuse of process of law

Multiplicity of litigation

Judicial impropriety, when courts are asked to re-decide the same matter

🚫 Why Courts Disallow Proceedings on Similar Grounds

To Prevent Abuse of Process
Courts discourage litigants from filing multiple cases to harass the other party or to get around an unfavorable judgment.

Judicial Economy
The legal system aims to conserve time and resources by avoiding repetitive adjudication.

Finality of Litigation (Res Judicata)
If an issue has already been decided by a competent court, it cannot be re-litigated between the same parties.

🧑‍⚖️ Legal Doctrines Involved

1. Res Judicata (Section 11 CPC, 1908)

“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…”

Prevents re-litigation of the same issues.

2. Constructive Res Judicata

Even if an issue was not raised in the earlier suit but could have been raised, it is barred in future proceedings.

3. Abuse of Process of Court

Filing multiple or frivolous proceedings to delay or manipulate the judicial process is penalized.

📚 Relevant Case Laws

1. Satyadhyan Ghosal v. Deorajin Debi (AIR 1960 SC 941)

The Supreme Court emphasized the need for finality in litigation.

Reopening settled matters was held to be an abuse of process.

2. K.K. Modi v. K.N. Modi (1998) 3 SCC 573

The Court laid down that repetitive litigation with same cause of action amounts to abuse of process.

Filing multiple proceedings on same facts to “vex or harass” was strictly condemned.

3. Forward Construction Co. v. Prabhat Mandal (Regd.), Andheri (1986) 1 SCC 100

Reiterated that courts must prevent multiplicity of proceedings on similar grounds.

4. Daryao v. State of U.P. (AIR 1961 SC 1457)

Explained the application of res judicata in writ petitions.

Once a matter is decided by a competent court, it cannot be reopened in another forum.

✅ When Are Multiple Proceedings Justified?

Not all repeat filings are barred. Fresh proceedings may be allowed if:

There is new evidence that materially alters the case.

The previous case was not decided on merits.

Different legal rights or parties are involved.

Subsequent events have changed the legal position.

📝 Summary Table

Aspect	Explanation
Definition	Filing multiple proceedings on same or similar legal grounds
Barred by	Res Judicata, Constructive Res Judicata, Abuse of Process
Permissible when	Fresh cause, new facts, new parties, no decision on merits
Case laws	Satyadhyan Ghosal, K.K. Modi, Daryao, Forward Construction
Legal consequence	Dismissal, Costs, Sanctions