Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

What are the requisites of litis pendentia to constitute an abatement or dismissal of an action?

0
Posted

What are the requisites of litis pendentia to constitute an abatement or dismissal of an action?

0

In order to constitute a ground for the abatement or dismissal of an action, litis pendentia must exhibit the concurrnece of the following requisites: (a) identity of parties, or at least such as representing the same interest in both actions; (b) identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) identity in the two cases should be such that the judgment that may be rendered in the pending case would, regardless of which party is successful, amount to res judicata in the other.

What is your question?

*Sadly, we had to bring back ads too. Hopefully more targeted.

Experts123