Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r.2 - Suit to include the whole claim Code of Civil Procedure 1908: 0.2 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | .Code of Civil Procedure, 1908: 0.2, r.2 - Suit to include the whole claim - Bar to subsequent suit on same cause of action - Held: 0.2, r.2 requires, if different reliefs and claims arise out of the same cause of action then the plaintiff must place all his claims before the court in one suit and cannot omit one of the reliefs or claims except without the leave of the court - Order 2 r.2 bars a plaintiff from omitting one part of claim and raising the same in a subsequent suit - Bar under 0. 2 r.2 must be specifically pleaded by· defendant in the suit and trial court should specifically frame a specific issue in that regard wherein the pleading in the earlier suit must be examined and the plaintiff is given an opportunity to demonstrate that the cause of action in the subsequent suit is different - In the instant case, de facto the parties are the same in both the suits - In the written statement filed in the subsequent suit the defendant-appellant has specifically pleaded that the suit was barred under 0. 2, r. 2 of the CPC - The trial court also specifically framed the issue on this point - As regards the cause of action in the subsequent suit and the relief claimed therein, in both the suits the fact required to be proved by the respondent-plaintiff, to succeed in its claims was that on account of the failure of the appellant-defendant to provide the required /CO stamps as assured by it, the respondent had to suffer losses - Suits should have been merged and the two reliefs, first being the losses due to delayed shipment and second being the costs and losses arising due to the recall of the shipment, could have been claimed in a single suit when the cause of action was the same in both suits - Therefore, trial court correctly held that subsequent suit was B barred under 0. 2, r.2 - Judgment and order of High Court is set aside and that of trial court upheld.. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2014 INSC 391 |
Petitioner | Coffee Board |
Respondent | M/s. Ramesh Exports Pvt. Ltd. |
SCR | [2014] 7 S.C.R. 461 |
Judgement Date | 2014-05-09 |
Case Number | 5527 |
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