Showing : 21-30 of 291 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Clubbing of suits - Two suits between same parties and in relation to same piece of land, filed for grant of identical reliefs - Both the suits ought to have been clubbed together for their disposal on merits in accordance with law to avoid any conflicting decisions in both the cases, as the facts..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata - When cause of action in second suit is not entirely same as in first suit but the basic cause of action is same, then second suit is barred by res judicata...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar U.O.2.R.2 CPC - Before a finding on O.2.R.2 CPC is given, it is necessary to examine that whether earlier suit was on the same cause of action or not - Moreover, since defendants did not claim any issue on O.2.R.2 CPC, suit held, not barred U.O.2.R.2 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Decree for possession passed in earlier suit and claim for mesne profits relinquished by plaintiff in said suit - Subsequent suit claiming mesne profits for same period which was relinquished in earlier suit is not maintainable, as by not pressing claim for mesne profits..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - When earlier suit for permanent injunction was filed, there was no construction raised by defendants, so there was no question for relief of possession, as defendants at that time was not in physical possession and construction was not there - Subsequent suit for..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Joinder of parties or cause of action - Different causes of action were continuity of the agreement and oral agreement - Held, appellants could have joined as plaintiffs in a suit and suit is not bad for mis joinder of parties or causes of action...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Leave U.O.2.R.2(3) - Agreement to sell - Suit for permanent injunction - Right to file separate suit for specific performance reserved - Court allowing application U.O.2.R.2 CPC - Cause of action for both the suits are different - In case of suit for injunction plaintiff is required to make out..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar to subsequent suit - Filing of plaint of earlier suit and proving it as per law - Imperative to sustain the plea of O.2.R.2 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar to subsequent suit - High Court in revision holding that suit is barred by O.2.R.2 CPC - But in the judgment there is no mention that plaint in the earlier suit is proved - Matter remitted back - In case plaint in the earliest suit is not brought on record and proved, prayer for amendment..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Relief claimed arising out of same cause of action ought not to be split into separate suits in as much as parties are not to be vexed twice by splitting the claims or remedies - This of course cannot inhibit a fresh suit to be instituted for relief in respect of which..........

Showing : 21-30 of 291 Results