NDLI: Vurimi Pullarao S/o Satyanarayana Vs. Vemari Vyankata Radharani W/o Dhankoteshwarrao & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	When attracted Relinquishment of part of claim under Order 2 Rule 2 CPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Code of Civil Procedure, 1908: Order 2 Rule 2 – Relinquishment of part of claim – Bar under Order 2 Rule 2 – When attracted – On facts, plaintiff–appellant filed suit for injunction restraining defendant–respondent from obstructing their possession – Six months later, plaintiff filed suit for specific performance of agreement to sell the property – Dismissal of earlier suit for injunction for default – Trial court dismissed the suit for specific performance holding that the plaintiff had omitted to sue for specific performance of the agreement although the cause of action had accrued in favour of the plaintiff at the time when the earlier suit for injunction was instituted; and that the plaintiff had failed to seek the leave of the Court, when the suit for injunction was instituted, to file a subsequent suit on the same cause of action seeking performance – Concurrent findings by the courts below that the suit is barred under order 2 rule 2 – Interference with – Held: In order to attract the applicability of the bar enunciated under Order 2 Rule 2, the cause of action on which the subsequent claim is founded ought to have arisen to the plaintiff when enforcement of the first claim was sought before the Court – In the instant case, the earlier suit for injunction contained a recital of the agreement to sell; the price fixed; the payment of earnest money; the demand for performance and the failure of the defendant to perform the contract – Indeed, the plaintiff also asserted that she was going to institute a suit for specific performance of the agreement – Cause of action for the suit for specific performance had arisen when the plaintiff had notice of the denial by the defendant to perform the contract – There was a complete identity of the cause of action between the earlier suit and the cause of action for the subsequent suit – This is a relief for which the plaintiff was entitled to sue when the earlier suit for injunction was instituted, however the plaintiff omitted to sue for specific performance – Having omitted the claim for relief without the leave of the court, the bar under Order 2 Rule 2(3) would stand attracted. Order 2 Rule 2(1) – Principle under – Held: Order 2 Rule 2(1) adopts the principle that the law does not countenance a multiplicity of litigation – Hence, a plaintiff who is entitled to assert a claim for relief on the basis of a cause of action must include the whole of the claim – However, it is open to the plaintiff to relinquish any portion of the claim in order to bring the suit within the jurisdiction of the court – Plaintiff who omits to sue in respect of or intentionally relinquishes any portion of the claim, shall not afterwards be entitled to sue in respect of the portion omitted or relinquished – Order 2 Rule 2(3) stipulates that a person who is entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs – However, a plaintiff who omits to sue for all the reliefs, without the leave of the Court, shall not afterwards sue for any relief so omitted – Leave of the Court will obviate the consequence which arises under Order 2 Rule 2(3).
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 1291
Petitioner	Vurimi Pullarao S/o Satyanarayana
Respondent	Vemari Vyankata Radharani W/o Dhankoteshwarrao & Anr
SCR	[2019] 18 S.C.R. 1125
Judgement Date	2019-11-27
Case Number	9065

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Vurimi Pullarao S/o Satyanarayana Vs. Vemari Vyankata Radharani W/o Dhankoteshwarrao & Anr

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