Showing : 41-50 of 291 Results

CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Entire matter of dispute between parties was already resolved by arbitration - Plaintiff cannot take up this matter again relating to part of contract separately by filing a suit before Court - Claim of plaintiff is thus barred by O.2.R.2 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction filed as plaintiff was having threat of alienatio, Cause of action for filing suit for specific performance was not available to plaintiff at that time - Suit for permanent injunction withdrawn and suit for specific..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of O.2.R.2 CPC - Relief sought in earlier suit and present suit totally distinct - Plaintiff cannot be said to have relinquished/omitted to claim relief in earlier suit - Provision of O.2.R.2 CPC not applicable - Order dismissing application, upheld...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3-- Joinder of cause of action - Where the cause of action pertaining to property No.1 and property No.2, could not be joined in the same suit, defendants qua both the properties could also not be joined in same suit...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Joinder of cause of action - Where two transactions are separate in point of time and also involve different set of persons, proof of exercise of misrepresentation, coercion and undue influence, or the like, in respect of one transaction would not establish the existence of same..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Bar U.O.2.R.2 CPC - Res judicata - When the reliefs sought under different special Acts are different and when cause of actions are also different then concept of res judicata and provisions of O.2.R.2 CPC do not apply...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Subsequent suit based upon same transaction but arising out of different cause of action - Suit not barred U.O.2.R.2 CPC...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of O.2.R.2 CPC - When two suits are based on different causes of action, bar U.O.2.R.2 CPC, does not apply...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100, Order 2, Rule 2-- Bar of subsequent suit - Second appeal - Subsequent suit filed in respect of same property as was in the earlier suit - Both the parties are also same - Even reliefs claimed in both the suits were in respect of same property - Second suit is barred U.O.2.R.2 CPC - Findings of Courts below are..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata - Suit for declaration - Subject matter of present suit is identical to earlier suit, between same litigating parties - Matter finally decided between parties by Court of competent jurisdiction - Issue involved in the subsequent suit was directly and substantially involved in earlier..........

Showing : 41-50 of 291 Results