Showing : 81-90 of 320 Results

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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Rejection of plaint - Findings with regard to res judicata and O.2.R.2 CPC can only be recorded after taking into consideration the pleadings and evidence that may be led by the respective parties - Dismissal of application for rejection of plaint, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Second suit on the same cause of action - If a plaintiff is entitled to seek reliefs against the defendant in respect of the same cause of action, the plaintiff cannot split up the claim so as to omit one part to the claim and sue for the other - If the cause of action is same, the plaintiff has..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Second suit on the same cause of action - Bar of O.2.R.2 CPC - Cause of action same for both the suits - Relief sought in the second suit could have been claimed in the first suit - Held, reliefs which were available at the time of filing of the first suit and after having relinquished the same, a..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2-- Res judicata - Applicability - Writ petition - Person invoking writ jurisdiction himself admitted that he had earlier filed suit which was withdrawn - Invoking writ jurisdiction of Court for same cause of action - Held, barred by principle of res judicata...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2-- Plaint - Amendment - Reincorporation of relief which was earlier got deleted by amendment of plaint - There is no absolute prohibition - Plaintiff could be saddled with heavy costs - Amendment allowed subject to payment of Rs.25,000/- as costs...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Leave U.O.2.R.2 CPC - Leave can be sought at any stage of the suit...........

Showing : 81-90 of 320 Results