Showing : 11-20 of 261 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Suit for partial partition dismissed - Subsequent suit seeking separate possession by way of partition - Not barred by res-judicata or O.2.R.2 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Sine qua non for invoking O.2.R.2(2) CPC is that relief which plaintiff claimed in second suit was also available to plaintiff for being claimed in previous suit on cause of action pleaded in previous suit against defendant and yet not claimed by plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - In the absence of pleadings of previous suit, having been brought on file, Court is not justified to conclude that subsequent suit is barred U.O.2.R.2 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - It is essential for defendant to produce plaint filed in previous suit, before raising a plea that subsequent suit is not maintainable on account of bar created U.O.2.R.2 CPC - After examining plaint, Court would be in a position to record a finding that previous suit and..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2(3)-- Omission to sue - Leave of Court - Scope of enquiry U.O.2.R.2(3) CPC is limited to extent of deciding whether plaintiff has given sufficient cause or explanation for not claiming that relief in suit - No other inquiry is warranted at all in deciding such application - Question whether plaintiff is..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2(3)-- Omission to sue - Leave of Court - Simplictor suit for injunction filed by reserving right to subsequent suit for partition - Explanation to that effect given by plaintiff - Trial Court should consider said explanation only - However, trial Court by dismissing application traveled beyond scope of..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Bar of subsequent suit - Once earlier suit for possession and injunction was decreed and appeal against the same was also dismissed, subsequent suit for permanent injunction in respect of same property cannot be maintained as per provisions of O.2.R.2 as well as O.23.R.1 CPC - Trial Court in case..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Once pleadings in previous suit have not been filed, bar of subsequent suit U.O.2.R.2 CPC cannot be examined...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Clubbing of suits - Two suits between same parties and in relation to same piece of land, filed for grant of identical reliefs - Both the suits ought to have been clubbed together for their disposal on merits in accordance with law to avoid any conflicting decisions in both the cases, as the facts..........

Showing : 11-20 of 261 Results