Litis Pendencia - latin term which literally means

"pending suit". It's a situation when between the same

parties there is already one preceding before a court,
concerning the same subject - then any other actions
which satisfy those 3 conditions shall be dismissed.

1. Where proceedings involving the same cause of action

between the same parties are brought in the courts of
different Member states, any court other than the court
first seised shall of its own motion stay its proceeding
until such time as the jurisdiction of court first seised is
established.

2. Where the jurisdiction of the court first seised is

established, any court other than the court first seised
shall decline jurisdiction in favour of that court.

The crucial consideration in Litis Pendentia is the

identity and similarity of the issues under
litigation.

Litis Pendentia, as a ground for the dismissal of an action,

refers to a situation in which another action is pending
between the same parties for the same cause of action,
and the second action becomes unnecessary and
vexatious. In order to successfully invoke the rule, the

movant must prove the existence of the following

requisites:
1. The identity of parties, or at least like those
representing the same interest in both actions
2. The identity of rights asserted and relief prayed for,
the relief being founded on the same facts
3. The identity of two cases, 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.