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 …
Sean 'Diddy' Combs has been accused of molesting six more people - including his first alleged underage victim and a man who was working at Macy's flagship NYC store. The other victim, identified as John Doe, claimed he was 'orally raped' by Combs in the stockroom of the Macy's Flagship store in May 2008. Diddy is pictured at his 1998 …
The Supreme Court has held that a suit for possession and suit for claiming damages for use and occupation of the property are two different causes of action. Hence, second suit filed claiming damages for use and occupation of the premises was maintainable after a suit for possession.A bench comprising Justices Vikram Nath and Rajesh Bindal was considering an appeal …
The Supreme Court has held that a second suit by a mortagor for redemption of mortgage is not barred merely because the first suit was dismissed for default, unless the right to redemption of mortgage has been extinguished.A bench comprising Justices Sudhanshu Dhulia and JB Pardiwala held that Order IX Rule 9 of the Code of Civil Procedure cannot debar …
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 …