Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908: O.II r.2 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: O.II, r.2 – Suit to include thewhole claim – On facts, first suit seeking injunction by originalplaintiff against respondent no 1 withdrawn with the leave of thecourt – Later suit for specific performance filed by the originalplaintiff – Respondent objected to the same, invoking O.II, r.2 thatrelief of specific performance ought to have been claimed alongwith relief of injunction in earlier suit which was withdrawn – Boththe trial court and High Court dismissed the suit as being barred u/O.II, r. 2 – On appeal, held: Trial court and the High Court erred inallowing the application filed by respondent No.2 u/O.VII, r. 11and thereby erred in dismissing the suit as being barred by theprovisions of O.II, r. 2 – Provisions of O.II, r. 2 not attracted to thefacts of the instant case and, thus, the suit should not have beendismissed as being barred u/O.II, r. 2 – Plaintiff could not claim therelief of specific performance of agreement against the respondentsalong with the relief of permanent injunction in the previous suit –Further, the court was entitled to take into consideration thestatement made by the original plaintiff for withdrawing the suitand filing it afresh and his statement could be made a part of theorder for granting permission to withdraw the civil suit and file afresh suit – Thus, the order passed by the High Court set aside. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 338 |
Petitioner | Sucha Singh Sodhi (d) Thr. Lrs. |
Respondent | Baldev Raj Walia & Anr. |
SCR | [2018] 3 S.C.R. 324 |
Judgement Date | 2018-04-13 |
Case Number | 3777 |
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