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 mesne profit/damages -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Order 37 - Agreement to sell executed by defendant in favour of plaintiff - Plaintiff filed simple suit for injunction which was withdrawn unconditionally - Plaintiff then filed summary suit U.O.37 for recovery along with damages - This suit was rejected U.O.7.R.11 CPC - Plaintiff then filed suit seeking relief of specific..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of suit U.O.2.R.2 CPC - Plea not taken in written statement - Once there is neither any plea nor specific issue, then defendant cannot take up a plea that issue of maintainability would cover the issue of bar of O.2.R.2 CPC as well - Defendant was not only required to take up this plea, but also set up pleadings of the..........
Civil Procedure Code, 1908, Order 2, Rule 6 -- Separate trials - Power of trial court - Exercise of - Held, O.2.R.6 of CPC gives power to the Court to order separate trials in certain enumerated circumstances - The said power cannot be exercised to direct plaintiffs to file three separate suits and that too in the absence of the said three enumerated circumstances...........
Civil Procedure Code, 1908, Order 2, Rule 4 -- Joinder of cause of action - To claim relief of damages in a suit for possession, leave of court is not required...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit - Suit for partition - Some of the property left out - Second suit filed on coming to know about the existence of such property - In the earlier suit defendant did not raise plea about the existence of property left out from the hotchpot - Held, in the circumstance bar of O.2.R.2 CPC not applicable - Second..........
Registration Act, 1908, Section 77, Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit u/s 77 of Registration Act - Plaintiff can seek any other relief to which he is entitled alongwith the relief claimed u/s 77 of the Registration Act - Plaintiff cannot be confined to the relief of execution of the registration deed...........
Specific Relief Act, 1963, Section 22(2), 16(c), Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - suit for specific performance - In a suit for specific performance ingredients of S.16(c) Specific Relief Act must be satisfied - Suit decided without dealing with the matter raised in the suit - Failure to prove execution of agreement - 16 co-owners not..........
Civil Procedure Code, 1908, Order 1, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 3 -- Joint suit - Maintainability - Each of the plaintiffs is owner/lease holder of a separate plot, flat or house - Each of the plaintiffs has entered into a separate contract with defendant - Demand raised from each plaintiff is a separate demand - Plaintiffs pray that a decree for..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Civil suit for recovery of rent - Non payment of rent is only a ground of eviction - Non claiming of rent before Rent Controller, not a bar to the suit U.O.2.R.2 CPC...........
