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 Bar to second suit Order 2 Rule 2 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908: 0.2, r.2 - Bar to second suit - Plaintiff filing a suit for permanent injunction seeking to restrain defendants from interfering with his possession - Second suit filed by plaintiff for specific performance of contract for sale in respect of the same property - The two suits. and the cause of action D mentioned therein would show that the causes of action and reliefs sought for are quite distinct and are not same - Therefore, provisions of 0. 2, r. 2 will not apply.Code of Civil Procedure, 1908:'Cause of action' - Explained.Precedent:Ratio of a decision - Must be understood in the background of the facts of that case.Appeal:First appeal - High Court, being the final court of facts in a first appeal, is required to decide all the points formulated by it - Matter remanded to High Court to decide the appeals by recording its finding on all points formulated by it. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 748 |
Petitioner | Inbasegaram And Another |
Respondent | S. Natarajan (dead) Thr. Lrs. |
SCR | [2014] 10 S.C.R. 1202 |
Judgement Date | 2014-10-29 |
Case Number | 4215-4216 |
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