In a shareholder dispute case handled by our firm, a shareholder on our side had requested the people's court to confirm the validity of two resolutions of the company, and the case was still under trial. Then, a shareholder on the opposing side filed another lawsuit requesting to confirm the invalidity of the two resolutions.

We believed that the lawsuit filed by the shareholder on the opposing side was a duplicate lawsuit, and the lawsuit should be dismissed by ruling.

First, the parties in the two cases are the same.

In both cases, the defendant is the company, and the plaintiffs are two shareholders of the company respectively.

According to Article 22 of the Company Law, as long as a shareholder has an objection to the validity of a company resolution, he or she has the right to sue. If there are dozens of shareholders in a limited - liability company, it is obviously not allowed that each shareholder can repeatedly file a lawsuit against the same company resolution. Therefore, in essence, there is no difference between the parties in the subsequent lawsuit and those in the previous lawsuit.

Second, the litigation objects in the two cases are the same, which are the same two resolutions.

Third, the litigation claims in the two cases both hope that the court will make a judgment on the validity of the same company resolutions. One party requests to confirm the validity, and the other party requests to confirm the invalidity. For the court, it is actually a legal judgment on two same issues under the same facts, and there is no need for repeated trials.