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SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Plea of res judicata does not include a plea of bar under O.2.R.2 CPC - Res judicata relates to the plaintiff's duty to put forth all the grounds of attack in support of his claim whereas O.2.R.2 CPC requires plaintiff to claim all reliefs flowing from the same cause of action in a single suit -..........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
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..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
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..........

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