Order II Rule 2 CPC Bar Won't Apply When Reliefs In Second Suit Are Based On A Cause Of Action Different From First Suit : Supreme Court
2 months ago

Order II Rule 2 CPC Bar Won't Apply When Reliefs In Second Suit Are Based On A Cause Of Action Different From First Suit : Supreme Court

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The Supreme Court today ruled that a subsequent suit filed on a different cause of action would not be subject to the bar under Order II Rule 2 of the Code of Civil Procedure, 1908. Affirming the High Court's decision, the judgment authored by Justice Pardiwala observed that though filing a subsequent suit, after the institution of the first suit, on the same cause of action is barred under Order II Rule 2 CPC, the filing of a second suit on distinct cause of action is not barred. “the true import of the bar under Order II Rule 2 must be that it operates to preclude a plaintiff from instituting a second suit, on the same cause of action, for a claim, any portion of a claim, or reliefs, which the plaintiff was entitled to avail at the time of filing of the first suit.”, the court said. “These decisions of the Rajasthan and Allahabad High Courts respectively, have rightly taken the view that when it is not possible for the plaintiff to obtain a particular relief in the first instance but such relief becomes available to him on the happening of a subsequent event, post the institution of the first suit, then the bar under Order II Rule 2 would not stand in the way of the plaintiff who has instituted a subsequent suit for claiming those reliefs.

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History of this topic

Order VII Rule 11 CPC | Plaint With Multiple Reliefs Cannot Be Rejected Just Because Some Reliefs Are Barred : Supreme Court
1 month, 3 weeks ago

Order VII Rule 11 CPC | Plaint With Multiple Reliefs Cannot Be Rejected Just Because Some Reliefs Are Barred : Supreme Court

Live Law  

The Supreme Court observed that when a Plaint includes multiple reliefs, it cannot be rejected solely because one of the reliefs is barred by law, as long as the other reliefs remain valid. “If the civil court is of the view that one relief is not barred by law but is of the view that Relief B is barred by …

Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit : Supreme Court
2 months ago

Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit : Supreme Court

Live Law  

The Supreme Court noted that while Order II Rule 2 of the CPC mandates including the entire claim arising from the same cause of action in one suit, it should not be misconstrued to require combining all different causes of action stemming from the same transaction into a single suit. “The mandate of Order II Rule 2 is the inclusion …

Second Suit On Same Cause Of Action Must Be Filed Within 3 Years Of Rejection Of Earlier Plaint : Supreme Court
2 months, 1 week ago

Second Suit On Same Cause Of Action Must Be Filed Within 3 Years Of Rejection Of Earlier Plaint : Supreme Court

Live Law  

The Supreme Court observed that the subsequent suit on the same cause of action would be barred by limitation if filed beyond three years after the rejection of an earlier plaint. The Court rejected the argument that Order VII Rule 13 of the Code of Civil Procedure justifies filing a fresh suit after the rejection of the earlier plaint. The …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
2 months, 2 weeks ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. The Appellants sought rejection of the said plaint by filing an application under Order VII Rule 11 of the Civil Procedure Code, 1908 on grounds that the suit was barred by limitation. However, the trial Court erroneously dismissed the …

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court
4 months, 1 week ago

Unconditional Withdrawal Of Arbitrator Appointment Application Bars Second Application On Same Cause Of Action: Supreme Court

Live Law  

The Supreme Court observed that when a party seeking appointment of an arbitrator unconditionally withdraws its application, then the subsequent application for an appointment of an arbitrator on the same cause of action would be barred.The bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala ruled that Order 23 Rule 1 of Civil Procedure Code, 1908 would be. The …

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court
1 year, 5 months ago

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently observed that a subsequent suit is barred only if the first suit and the second suit are based on the same cause of action under Order 2 Rule 2 of the CPC. "The bar to the maintainability the subsequent suit under Order 2 Rule CPC will be attracted only when …

CPC | First And Second Appeal Arising Out Of Two Suits With Same Parties & Common Property In Dispute Can't Be Clubbed: Supreme Court
1 year, 10 months ago

CPC | First And Second Appeal Arising Out Of Two Suits With Same Parties & Common Property In Dispute Can't Be Clubbed: Supreme Court

Live Law  

The Supreme Court has made it clear that a first appeal and a second appeal arising out of two proceedings cannot be clubbed and disposed of by a common judgment even though the parties are essentially the same and the property in dispute is common. It observed that considerations to be made in case of a first appeal under Section …

Second Appeal Does Not Abate On Death Of One Respondent When Right To Sue Survives Against Surviving Respondent: Supreme Court
2 years, 6 months ago

Second Appeal Does Not Abate On Death Of One Respondent When Right To Sue Survives Against Surviving Respondent: Supreme Court

Live Law  

The Supreme Court observed that a second appeal does not abate on death of one of the respondents when the right to sue survives against the surviving respondent.Abatement occurs only when the cause of action does not survive upon or against the surviving party, the bench comprising Justices Indira Banerjee and V. Ramasubramanian observed.The court was considering an appeal against …

Merely Because Some Benefit Accrued To Litigant Due To Interim Order, They Cannot Claim Such Benefits When Litigation Ends Against Them: Gujarat HC
2 years, 7 months ago

Merely Because Some Benefit Accrued To Litigant Due To Interim Order, They Cannot Claim Such Benefits When Litigation Ends Against Them: Gujarat HC

Live Law  

A recent order of the Gujarat High Court has clarified that merely because of some benefit has accrued to the litigant because of operation of interim orders, the litigant cannot claim such benefits when the litigation finally ends against them. Considering this well-settled principle of law, Justice Biren Vaishnav declined to entertain a second appeal challenging the order of the …

Order 14 Rule 2 CPC | Where Suit Involving Mixed Question Of Law & Fact Can Be Disposed On Issue Of Law Alone, Same Must Be Decided First: Manipur HC
2 years, 10 months ago

Order 14 Rule 2 CPC | Where Suit Involving Mixed Question Of Law & Fact Can Be Disposed On Issue Of Law Alone, Same Must Be Decided First: Manipur HC

Live Law  

The Manipur High Court has recently held that Order 14 Rule 2 CPC is a general rule which provides that the Court shall pronounce judgment on all issues, notwithstanding the fact that the case may be disposed of on a preliminary issue. "In effect, Order 14 Rule 2 CPC carves out an exception to Order 14 Rule 2 CPC, by …

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court
3 years ago

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court

Live Law  

The Supreme Court observed that the plaintiff in a partition suit is not disentitled to seek relief in second appeal merely because his claim was denied by the trial court and he had not challenged the same by way of appeal.The bench comprising Justices L. Nageswara Rao and B R Gavai observed that in a suit for partition, the position …

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC [Read Judgment]
4 years, 10 months ago

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC [Read Judgment]

Live Law  

The Supreme Court has held that the bar under Order 23 Rule 3A CPC to challenge a decree passed on a compromise in a separate suit applies also to the stranger to the proceedings. In this case, the plaintiff had filed a suit alleging that a compromise decree was obtained by the defendants by fraud and misrepresentation concealing the salient …

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC
5 years, 6 months ago

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC

Live Law  

Dismissing a petition filed under Article 227 of the Constitution on account of availability of an alternate remedy, the Allahabad High Court has held that the bar against appeal from a compromise decree shall not apply in cases where the court records some part of the compromise while declines to record the remaining part. In this view, the court passed …

Order IX Rule 9 CPC-Decree Against Plaintiff By Default Bars Fresh Suit On Same Cause Of Action By Successor In Title: SC [Read Order]
5 years, 6 months ago

Order IX Rule 9 CPC-Decree Against Plaintiff By Default Bars Fresh Suit On Same Cause Of Action By Successor In Title: SC [Read Order]

Live Law  

The Supreme Court has observed that the decree against plaintiffs by default bars fresh suit on the same cause of action by their successor in title.The bench comprising Justice Arun Mishra and Justice MR Shah set aside a High Court order on the ground that in the previous suit filed by vendors of the plaintiff; a similar relief was prayed. …

Order II Rule 2 CPC : When Does Relinquishment Of Claim Bar Second Suit?
5 years, 9 months ago

Order II Rule 2 CPC : When Does Relinquishment Of Claim Bar Second Suit?

Live Law  

No one should be troubled more than once for the same cause of action - this is the underlying principle of Order II Rule 2 of the Code of Civil Procedure.The general rule is that a suit should include the whole of the claim which a plaintiff is entitled to make in respect of a cause of action. Since the …

Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed: SC [Read Judgment]
5 years, 10 months ago

Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the right of appeal under Section 96 CPC is a statutory right and the defendant cannot be deprived of the statutory right of appeal merely on the ground that the application filed by him under Order IX Rule 13 CPC has been dismissed. In Bhivchandra Shankar More vs. Balu Gangaram More, the bench comprising …

Application Of Order 2 Rule 2 CPC Cannot Be Considered By Court U/S 11 Arbitration & Conciliation Act: Delhi HC [Read Order]
6 years, 4 months ago

Application Of Order 2 Rule 2 CPC Cannot Be Considered By Court U/S 11 Arbitration & Conciliation Act: Delhi HC [Read Order]

Live Law  

The Delhi High Court recently held that courts cannot consider the question of viability of a claim as under Order 2 Rule 2 of the Code of Civil Procedure, while hearing a petition under Section 11 of the Arbitration and Conciliation Act, 1996.Justice Navin Chawla ruled, “The question whether the claim of the petitioner would be barred by the principles …

Plea Under Order 2 Rule 2 CPC Sustainable Only If Plaint In Earlier Suit Is Proved: SC [Read Judgment]
8 years ago

Plea Under Order 2 Rule 2 CPC Sustainable Only If Plaint In Earlier Suit Is Proved: SC [Read Judgment]

Live Law  

Filing of the plaint of earlier suit and proving it as per law is imperative to sustain the plea of Order 2 Rule 2 CPC, the bench said.Restating the law laid down in Gurbux Singh vs. Bhooralal, the Supreme Court, in Jayantilal Chimanlal Patel vs. Vadilal Purushottamdas Patel, has said it is mandatory that to sustain a plea under Order …

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