Showing : 51-60 of 287 Results

CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata - Bar of suit - Plea of res judicata and bar of suit cannot be considered on the basis of an application u/s 11 and O.2.R.2 CPC in absence of any issues - It has to be specifically pleaded by defendant in suit and trial Court should have specifically framed a specific issue in that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Agreement to sell - Suit for permanent injunction filed after a gap of one year of the date fixed for execution of the agreement - Held, suit for permanent injunction is not maintainable in the absence of relief prayed for specific performance of the agreement...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 21, Order 2, Rule 2-- Relinquishment of a portion of suit in order to bring the suit within jurisdiction of Court - Relinquishment should be made before institution of suit and not after instituting a suit - This provision is not applicable when relinquishment is after institution of a suit and that too before a court..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Mere fact that suit for injunction was permitted to be withdrawn by Court may permit the plaintiffs to file a fresh suit for very same relief i.e injunction suit and it cannot be interpreted to confer a right on plaintiffs to file a suit for specific performance, which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1-- Bar of subsequent suit - Agreement to sell - Withdrawal of injunction suit and subsequently filing suit for specific performance - Withdrawal of injunction suit by making statement that "I withdraw the present suit. I will file suit for specific performance' - Withdrawal of suit allowed in view of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Plaintiff initially filed a suit for permanent injunction fully aware of the fact that he was also entitled to ask for a suit for specific performance - Subsequent suit for specific performance on the same cause of action, held, barred U.O.2.R.2 CPC -..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Suit for injunction filed because of imminent threat from defendant of dispossession from the suit property - Cause of action to file suit for specific performance arose during..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action in two suits different as suit for specific performance could not have been instituted on the basis of cause of action of the first suit - Secondly, merely..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action for filing suit for permanent injunction based on threat to dispossess - Cause of action to file suit for specific performance based on non performance of..........

Showing : 51-60 of 287 Results