Showing : 71-80 of 320 Results

DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - All claims emerging from a cause of action have to be included in one suit and a second suit for a claim on a cause of action would be barred unless leave of Court is obtained - Where a plaintiff who is entitled to a larger interest in the property claims only a smaller..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 3-- Rejection of plaint - Misjoinder of parties - Two different parties have been properly joined - Plaintiffs No.1 & 2 are husband and wife and they had entered into a lease and hire agreement with defendants - Whether terms of hire agreement was co-terminus with lease agreement are questions of..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2(3), 151-- Amendment of plaint - Suit for recovery of physical possession of suit property - Amendment sought to claim damages and mesne profits towards rent and hire charges - Amendment sought will avoid multiplicity of proceedings and cause no prejudice to defendants - Plaintiffs are otherwise entitled to..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2- - Suit to contain whole claim - Relief of specific performance if any admittedly was available to plaintiff at the time of filing of suit as any relief U.O.2.R.2 CPC is to be given by Court on such grounds which are pleaded in their application - If Court is satisfied that reasonable grounds..........
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...........
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..........

Showing : 71-80 of 320 Results