Showing : 31-40 of 320 Results

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 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Bar of subsequent suit - Omission to claim relief in earlier suit - Such relief amounts to explicitly relinquished - Plaintiff is not entitled thereafter to sue again for such relief so omitted or relinquished, in the previous suit...........
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..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - If earlier suit was filed only for recovery of possession of immovable property with no claim made for relief of mesne profits, second suit for recovery of mesne profits for the period subsequent to the filing of suit for recovery of possession may be instituted - Bar..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Plea in suit for injunction that defendant refused to honour the agreement to sell - Such plea gives rise to cause of action to file suit for specific performance - Plea that cause of action for filing suit for specific performance could not have arisen..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit on same cause of action - Previous suit was filed by plaintiff alleging interference in peaceful possession over suit property and threat to raise further construction whereas present suit was filed by plaintiff with regard to possession on basis of title - Moreover, defendant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit on same cause of action - Defendant has to establish that second suit filed by plaintiffs is based on same cause of action on which earlier suit was filed and they have omitted to claim relief available to them in earlier suit without obtaining leave of Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2, Transfer of Property Act, 1882, Section 53A-- Pleadings - Ground of previous recovery suit and part performance, were not pleaded by appellants-defendants in written statement - Held, if plea of S.53A of T.P. Act has been raised in ground of appeal, that will not cure defect and cannot be part of pleadings of appellants...........

Showing : 31-40 of 320 Results