Civil Procedure Code, 1908, Order 2, Rule 2 -- Object - Two fold - First is to ensure that no defendant is sued and vexed twice in regard to the same cause of action - Second is to prevent a plaintiff from splitting of claims and remedies based on the same cause of action...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Plea of res judicata does not include a plea of bar under O.2.R.2 CPC - Res judicata relates to the plaintiff's duty to put forth all the grounds of attack in support of his claim whereas O.2.R.2 CPC requires plaintiff to claim all reliefs flowing from the same cause of action in a single suit - Two pleas are..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Provision of O.2.R.2 comes into play only when both suits are based on the same cause of action and plaintiff failed to seek all the reliefs based on or arising from the cause of action in the first suit without leave of Court - While considering whether second suit is barred by O.2.R.2 all that is required to be seen is..........
Civil Procedure Code, 1908, Order 37, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 15, Rule 3, Civil Procedure Code, 1908, Order 5, Rule 5 -- Summary suits - Expeditious disposal of summary suits is provided in O.5.R.5, O.15.R.3 & O.37.Rr.1, 2 & 3 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues of fact cannot be decided merely on pleadings and documents produced without a trial...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Provision of O.2.R.2 CPC applies when three conditions are satisfied viz. (a) The previous and second suit must arise out of the same cause of action; (b) Both the suits must be between the same parties; and (c) The earlier suit must have been decided on merits...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit - Earlier suit filed for permanent and mandatory injunction and second suit for declaration, permanent injunction, recovery of possession and mesne profits - Earlier suit withdrawn but no liberty granted to file a fresh suit on the same cause of action - Plea that relief of possession could have been claimed..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Subsequent suit - Bar U.O.2.R.2 CPC - Earlier suit for permanent and mandatory injunction praying that present petitioner be restrained from selling and using the property in question - Present suit has been filed by respondent No.1 for declaration, permanent injunction, recovery of possession and mesne profit/damages -..........
Indian Penal Code, 1860, Section 395, 452, 427, 504, 506, Uttar Pradesh Dacoity Affected Areas Act, 1983, Section 2(b), 7(2) -- Offence u/s 395 IPC is a scheduled offence within the meaning of S.2(b) of Uttar Pradesh Act - Offence is triable exclusively by the Court of Session - Since all other offences committed in the same transaction in one incident as such trial in..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Home loan - Employee - Interest rate - Dispute as to - Loan advanced to the complainant when respondent - complainant was the employee of appellant - Thereafter respondent took voluntary retirement and executed a supplementary agreement whereby the concessional rate of interest granted to the respondent -..........
