Showing : 41-50 of 320 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Previous suit for recovery was filed by plaintiff-respondents - By that time, appellants had no cause of action to file suit for ejectment as by date period of tenancy had not expired - Cause of action to file suit for ejectment had accrued to plaintiff only during..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of rejection of plaint..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - For attracting a bar of provision of O.2.R.2 CPC, Court in which earlier proceedings were initiated ought to have jurisdiction to entertain subsequent proceedings - If earlier Court had no jurisdiction to try the claim as made in subsequent suit, bar U.O.2.R.2 CPC would..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for permanent and mandatory injunction filed before Civil Court having no jurisdiction, as suit could be tried only by Small Causes Court - Subsequent suit filed before Court of Small Causes based on the same cause of action as earlier suit, held, not barred..........
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for filing suit for specific performance was not available to plaintiff at that time - Suit for permanent injunction withdrawn and suit for specific..........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-- 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..........
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...........
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...........

Showing : 41-50 of 320 Results