Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit on same cause of action - Previous suit was filed by plaintiff alleging interference in peaceful possession over suit property and threat to raise further construction whereas present suit was filed by plaintiff with regard to possession on basis of title - Moreover, defendant has admitted in written..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit on same cause of action - Defendant has to establish that second suit filed by plaintiffs is based on same cause of action on which earlier suit was filed and they have omitted to claim relief available to them in earlier suit without obtaining leave of Court...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2, Transfer of Property Act, 1882, Section 53A -- Pleadings - Ground of previous recovery suit and part performance, were not pleaded by appellants-defendants in written statement - Held, if plea of S.53A of T.P. Act has been raised in ground of appeal, that will not cure defect and..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Previous suit for recovery was filed by plaintiff-respondents - By that time, appellants had no cause of action to file suit for ejectment as by date period of tenancy had not expired - Cause of action to file suit for ejectment had accrued to plaintiff only during pendency of previous suit and said..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - For attracting a bar of provision of O.2.R.2 CPC, Court in which earlier proceedings were initiated ought to have jurisdiction to entertain subsequent proceedings - If earlier Court had no jurisdiction to try the claim as made in subsequent suit, bar U.O.2.R.2 CPC would not apply...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent and mandatory injunction filed before Civil Court having no jurisdiction, as suit could be tried only by Small Causes Court - Subsequent suit filed before Court of Small Causes based on the same cause of action as earlier suit, held, not barred by O.2.R.2 CPC - Even otherwise..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit - Entire matter of dispute between parties was already resolved by arbitration - Plaintiff cannot take up this matter again relating to part of contract separately by filing a suit before Court - Claim of plaintiff is thus barred by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction filed as plaintiff was having threat of alienatio, Cause of action for filing suit for specific performance was not available to plaintiff at that time - Suit for permanent injunction withdrawn and suit for specific performance filed - Held, suit for..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Relief sought in earlier suit and present suit totally distinct - Plaintiff cannot be said to have relinquished/omitted to claim relief in earlier suit - Provision of O.2.R.2 CPC not applicable - Order dismissing application, upheld...........
