Question juridique clé
Whether the later clear-case request was inadmissible because the same dispute was already pending in ordinary proceedings.
Solution extraite
Yes. Lis pendens can arise even when the later action is filed before the same court and even if the second procedure is a clear-case request.
Motifs extraits
The CPC’s lis pendens rules aim to prevent parallel proceedings and conflicting judgments on the same claim between the same parties. Priority belongs to the first-filed case, regardless of procedural form or whether the second case is lodged before the same tribunal.