Showing : 71-80 of 291 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Bar of O.2.R.2 CPC must be specifically pleaded by defendant in suit and trial court should specifically frame a specific issue in that regard wherein the pleading in earlier suit must be examined and plaintiff is given an opportunity to demonstrate that the cause of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - No one ought to be vexed twice for the same cause - If different reliefs and claims arise out of same cause of action then plaintiff must place all his claims before Court in one suit and cannot omit one of the reliefs or claims except without leave of Court - O.2.R.2 bars..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Bar of O.2.R.2 CPC must be specifically pleaded by defendant in suit and trial court should specifically frame a specific issue in that regard wherein the pleading in earlier suit must be examined and plaintiff is given an opportunity to demonstrate that the cause of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - No one ought to be vexed twice for the same cause - If different reliefs and claims arise out of same cause of action then plaintiff must place all his claims before Court in one suit and cannot omit one of the reliefs or claims except without leave of Court - O.2.R.2 bars..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Bar of subsequent suit - Res judicata - Relief when not legally available in previous suit, as it could not have been claimed, such relief can be claimed in subsequent suit...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of O.2.R.2 CPC - Suit for specific performance barred U.O.2.R.2 CPC - All other ancillary or alternative reliefs to the relief of specific performance are also barred U.O.2.R.2 CPC - Suit dismissed...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2(3)-- Bar of O.2.R.2 CPC - Suit for specific performance - Suit filed during pendency of previous suit filed for permanent injunction - Withdrawal of suit for permanent injunction - Same cause of action in both the suits - Held, suit for specific performance is barred U.O.2.R.2 CPC - All reliefs whether..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Partition suit - Only because plaintiff was also party defendant in a suit previously filed by defendant No.2 it cannot be said that there is bar of provision of O.2.R.2 CPC against plaintiff - It is not open to plaintiff to file suit for partition in respect of movable..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Suit for specific performance - Earlier suit for injunction filed - Permission sought to withdraw suit with liberty to file suit for specific performance - Court in its order allowed withdrawal of suit without granting liberty to institute suit for specific performance -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for injunction - Allowed to be amended seeking relief of specific performance - Suit not barred by O.2.R.2 CPC - O.2.R.2 operates to a subsequent suit which seeks for a particular relief that must have been taken in the previous suit itself - If the suit were to contain one relief and yet..........

Showing : 71-80 of 291 Results