Showing : 131-140 of 320 Results

MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Agreement to sell - Injunction suit - Specific performance of agreement not sought - Held, injunction can be declined in face of efficacious remedy of suit for specific performance being available - However, subsequent suit for specific performance not barred U.O.2.R.2 of Code...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Cause of action in subsequent suit was illegal transaction of sale, which is altogether different to the earlier cause of action - Held, subsequent suit is not barred by O.2.R.2 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of suit - Suit for injunction filed though plaintiff entitled to file suit for specific performance - Thereafter suit for specific performance filed - Held, second suit is barred U.O.2.R.2 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Relinquishment of claim - Cause of action available on date of filing of suit but not claimed - Relief based on such cause of action introduced by way of amendment of plaint - O.2.R.2 CPC which is applicable to second suit but its principles based on public policy are also applicable in the same..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Provision of O.2.R.2 comes into play only when both suits are based on the same cause of action and plaintiff failed to seek all the reliefs based on or arising from the cause of action in the first suit without leave of Court - While considering whether second suit is barred by O.2.R.2 all that..........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Subsequent suit - Bar U.O.2.R.2 CPC - Earlier suit for permanent and mandatory injunction praying that present petitioner be restrained from selling and using the property in question - Present suit has been filed by respondent No.1 for declaration, permanent injunction, recovery of possession and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit cannot be dismissed as barred U.O.2.R.2 CPC in the absence of a plea by the defendant to that effect and in the absence of an issue thereon...........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Provision of O.2.R.2 CPC applies when three conditions are satisfied viz. (a) The previous and second suit must arise out of the same cause of action; (b) Both the suits must be between the same parties; and (c) The earlier suit must have been decided on merits...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Object - Two fold - First is to ensure that no defendant is sued and vexed twice in regard to the same cause of action - Second is to prevent a plaintiff from splitting of claims and remedies based on the same cause of action...........
DELHI HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Earlier suit filed for permanent and mandatory injunction and second suit for declaration, permanent injunction, recovery of possession and mesne profits - Earlier suit withdrawn but no liberty granted to file a fresh suit on the same cause of action - Plea that relief of..........

Showing : 131-140 of 320 Results