Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - It is essential for defendant to produce plaint filed in previous suit, before raising a plea that subsequent suit is not maintainable on account of bar created U.O.2.R.2 CPC - After examining plaint, Court would be in a position to record a finding that previous suit and subsequent suit is on same..........
Civil Procedure Code, 1908, Order 2, Rule 2(3) -- Omission to sue - Leave of Court - Scope of enquiry U.O.2.R.2(3) CPC is limited to extent of deciding whether plaintiff has given sufficient cause or explanation for not claiming that relief in suit - No other inquiry is warranted at all in deciding such application - Question whether plaintiff is entitled for said relief,..........
Civil Procedure Code, 1908, Order 2, Rule 2(3) -- Omission to sue - Leave of Court - Simplictor suit for injunction filed by reserving right to subsequent suit for partition - Explanation to that effect given by plaintiff - Trial Court should consider said explanation only - However, trial Court by dismissing application traveled beyond scope of enquiry U.O.2.R.2(3) CPC..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Once earlier suit for possession and injunction was decreed and appeal against the same was also dismissed, subsequent suit for permanent injunction in respect of same property cannot be maintained as per provisions of O.2.R.2 as well as O.23.R.1 CPC -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Once pleadings in previous suit have not been filed, bar of subsequent suit U.O.2.R.2 CPC cannot be examined...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Clubbing of suits - Two suits between same parties and in relation to same piece of land, filed for grant of identical reliefs - Both the suits ought to have been clubbed together for their disposal on merits in accordance with law to avoid any conflicting decisions in both the cases, as the facts involved in both the suits..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Suit for injunction - Subsequent suit for specific performance - At the time of filing suit for injunction cause of action to file suit for specific performance has not accrued - Moreover, injunction suit was withdrawn by plaintiff with liberty to file fresh one - Subsequent suit for specific..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - When cause of action in second suit is not entirely same as in first suit but the basic cause of action is same, then second suit is barred by res judicata...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Before a finding on O.2.R.2 CPC is given, it is necessary to examine that whether earlier suit was on the same cause of action or not - Moreover, since defendants did not claim any issue on O.2.R.2 CPC, suit held, not barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Decree for possession passed in earlier suit and claim for mesne profits relinquished by plaintiff in said suit - Subsequent suit claiming mesne profits for same period which was relinquished in earlier suit is not maintainable, as by not pressing claim for mesne profits raised in earlier suit,..........
