Khramtsova appealed to the district court with a lawsuit against Khramtsov and his elderly mother about the forced exchange of a four-room apartment they occupied. According to the option proposed by the plaintiff, she was supposed to move to a one-room apartment in the city center, and the defendants - to a two-room apartment on the outskirts of the city. The court rejected the claim with reference to the fact that the two-room apartment, unlike the one occupied by the parties, is not located on the 1st floor and is not telephoned, which significantly infringes on the interests of the elderly Khramtsova.
A year later, Khramtsova turned to the Khramtsov with a new lawsuit for a forced exchange, according to which she and a six-month-old child had to move to a 2-room apartment on the outskirts of the city, and the defendants - to a 1-room apartment on the 1st floor in the city center with a telephone .
The judge refused to accept the claim based on the identity of the claims, since this, like the previous one, exchange option infringes on the interests of the elderly Khramtsova.
Is a refusal to accept a statement of claim legitimate?
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