Showing : 61-70 of 320 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - `Cause of action' - Consists of a bundle of facts which will be necessary for plaintiff to prove in order to get a relief from Court - However, because cause of action for two suits are different and distinct and evidence to support relief in two suits are also different..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - If two suits and relief claimed therein are based on the same cause of action then only the subsequent suit will become barred U.O.2.R.2 CPC...........
GAUHATI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for declaration of right, title and interest of plaintiff over suit property along with decree of injunction restraining defendant from dispossessing from suit land - Suit partly decreed declaring title of property as plaintiff failed to make prayer for..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227-- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under Art.227 of Constitution - It has the status of decree and is to be..........
DELHI HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier divorce petition on ground of cruelty withdrawn with permission to file fresh petition after properly verifying the petition - Ground of adultery not taken in earlier divorce petition - Allegations of cruelty pertain to period prior to filing of the earlier divorce..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for injunction filed when cause of action for claiming relief of specific performance was available - Suit for specific performance filed subsequently - Held, suit for specific performance is barred U.O.2.R.2 CPC...........

Showing : 61-70 of 320 Results