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..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Two sale deeds of ancestral property executed by one `T' on different dates - Both the sale deeds challenged in two suits - At the time when first suit was filed second alienation could be challenged - Cause of action stemmed from one single cause of action and not two different causes of action - Mere fact that a different..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs were not barred from filing comprehensive suit for specific performance and for injunction before Competent jurisdiction - Instead of filing of such suit, plaintiff filed suit for bare injunction, though cause of action arose for suit for specific performance at that time - Subsequent suit..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2 -- Dissolution of marriage - Applicability of bar of O.2.R.2 of CPC - Bar under O.2.R.2 of the Code seldom apply to an action for dissolution of marriage unlike actions arising out of disputes between spouses relating to money and property claims...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of causes of action - Plaintiff may unite in the same suit several causes of action against same defendant or the same defendants jointly - There cannot be joinder of causes of action when there are different set of defendants who have different causes of actions...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action according to O.2.R.2 is one cause of action - O.2.R.2 CPC requires that every suit shall include whole of the claim on the basis of a cause of action - O.2.R.2 cannot be read in a manner as to permit clubbing of different causes of action in a suit...........
