Showing : 1-10 of 297 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Barred by res judicata and O.2.R.2 CPC - Facts as well as questions in issue in second suit as also first suit are identical - First suit was dismissed after a full fledged trial and title to shares was held to be that of defendant and not of plaintiff and appeals against the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of O.2.R.2 CPC - Cause of action for the two suits different and distinct - Evidence to support the relief in two suits also different - Provision of O.2.R.2 CPC does not apply...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Two sale deeds of ancestral property executed by one `T' on different dates - Both the sale deeds challenged in two suits - At the time when first suit was filed second alienation could be challenged - Cause of action stemmed from one single cause of action and not two different causes of action -..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Plaintiffs were not barred from filing comprehensive suit for specific performance and for injunction before Competent jurisdiction - Instead of filing of such suit, plaintiff filed suit for bare injunction, though cause of action arose for suit for specific performance at..........
KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2-- Dissolution of marriage - Applicability of bar of O.2.R.2 of CPC - Bar under O.2.R.2 of the Code seldom apply to an action for dissolution of marriage unlike actions arising out of disputes between spouses relating to money and property claims...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Joinder of causes of action - Plaintiff may unite in the same suit several causes of action against same defendant or the same defendants jointly - There cannot be joinder of causes of action when there are different set of defendants who have different causes of actions...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Cause of action according to O.2.R.2 is one cause of action - O.2.R.2 CPC requires that every suit shall include whole of the claim on the basis of a cause of action - O.2.R.2 cannot be read in a manner as to permit clubbing of different causes of action in a suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - At the time of filing suit for permanent injunction, plaintiff knew that defendant has refused to honour agreement to sell and inspite of accrual of cause of action for filing suit for specific performance plaintiff did not include the relief of..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for specific performance and damages of double the advance price paid was dismissed - Subsequent suit for recovery of advance paid - Cause of action in subsequent suit for refund of advance amount accrued in favour of plaintiff only when earlier suit for..........

Showing : 1-10 of 297 Results