Showing : 121-130 of 320 Results

DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar on subsequent suit - Cause of action alleged in both suits are different though arising from same transaction - Held, transaction may be same yet cause of action may be different - If complete cause of action alleged in second suit are not found in earlier suit, then, second suit is not..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar on subsequent suit - Mandate is to join all reliefs claimed on the basis of one cause of action - If cause of action are separate, then, there is no mandate of O.2.R.2 CPC to combine all cause of action...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Injunction - Earlier also a similar suit was filed - Earlier suit was dismissed as withdrawn as defendant in the written statement stated that he will not interfere and would not raise any construction over the suit land - Plea that present suit is barred U.O.2.R.2, O.23.R.1 & S.11 CPC - Held,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Dismissal of earlier suit with a direction to sue for declaration of a title - Itself creates a fresh cause of action for institution of the suit for declaration...........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Delhi Rent Control Act, 1958, Section 14(1)(e)-- Bar to second suit - Cause of action - Bar of O.2.R.2 CPC was never raised by defendants - It was also not examined before first appellate court not having been argued but it was suo moto taken up by Court while recording the impugned judgment - Admittedly when first suit was filed, there was no..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2,4, Civil Procedure Code, 1908, Section , Order 2, Rule 2-- CPC - Dismissal of suit U ,O. 9 ,R. 2 - Fresh suit is competent - Not barred U.O.2.R.2 or S.11 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Cause of actions - Joining of - Contention that suit would be bad for multifariousness as different causes of action regarding dissolution of firm and rendition of accounts on one hand and partition of individual property of plaintiff and defendant No.2 on other hand have been joined - Held,..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Several cause of action in one suit - Permissibility - Held, plaintiff may unite in the same suit several cause of action against defendant or same defendants jointly...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Cause of action in a suit for specific performance and a suit for permanent injunction are different...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Omission to sue for all reliefs - Sale agreement - Simple suit for injunction to restrain defendant from dealing with property subject matter of sale agreement - Plaintiff omitted to claim relief of specific performance, though same was available to him - Held, subsequently plaintiff will not be..........

Showing : 121-130 of 320 Results