Showing : 51-60 of 297 Results

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..........
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Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Mere fact that suit for injunction was permitted to be withdrawn by Court may permit the plaintiffs to file a fresh suit for very same relief i.e injunction suit and it cannot be interpreted to confer a right on plaintiffs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..........

Showing : 51-60 of 297 Results