Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs did not advance larger claim made in present suit for declaration in earlier suit between same parties - They are debarred from claiming it in present suit - Suit is barred U.O.2.R.2 CPC as well as principle of res judicata - Subsequent suit, held, barred...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to subsequent suit - Benefit of interest on payment - As per O.2.R.2 CPC plaintiff can claim benefit of interest as every civil suit must include whole of claim which plaintiff is entitled to make in respect of cause of action - Plaintiff having omitted to claim benefit of interest has relinquished such portion of claim..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Provision of O.2.R.2 CPC postulate an absolute bar on splitting of claims and on filing subsequent suit qua relief which was omitted or relinquished by plaintiff in previous suit...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Relief claimed by plaintiff in subsequent suit was not claimed in earlier suit for redemption of mortgage, which could always be sought in earlier suit - Subsequent suit is barred by O.2.R.2 CPC...........
Specific Relief Act, 1963, Section 10, Civil Procedure Code, 1908, Order 2, Rule 2, Evidence Act, 1872, Section 115 -- Suit for specific performance - Barred by estoppel - Plea that earlier suit for permanent injunction stood dismissed - Since in both the suits parties and relief sought are entirely different - Suit not barred by estoppel and bar U.O.2.R.2 CPC also not..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action for filing suit for permanent injunction against encashment of bank guarantees was distinct than subsequent suit for recovery after alleged wrongful encashment of such bank guarantees - Cause of action in both the suits are different and suit for recovery could be filed only after..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar to subsequent suit - Agreement to Sell - Suit for specific performance - Since agreement to sell was admitted and delivery of possession was also willingly given, therefore the suit for permanent injunction was not available at that point of time especially in view of the fact that the trial court has taken..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Barred by res judicata and O.2.R.2 CPC - Facts as well as questions in issue in second suit as also first suit are identical - First suit was dismissed after a full fledged trial and title to shares was held to be that of defendant and not of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Cause of action for the two suits different and distinct - Evidence to support the relief in two suits also different - Provision of O.2.R.2 CPC does not apply...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction and plaintiffs therefore are..........
