Thursday, 24 September 2020

Whether court can suo motto decide plea of O 2 R 2 of CPC?

 The plea of bar under Order II Rule 2 of the CPC is a technical plea which has to be pleaded and satisfactorily established. In R. A. Oswal v. Deepak Jewellers and Ors.3, this Court held that if the plea of bar under Order II Rule 2 is not taken, the Court should not suo moto decide the plea. Moreover, in Dalip Singh v. Mehar Singh Rathee and Ors.4, this Court held that the plea cannot be raised before this Court if not raised in the High Court.{Para 93}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3574 OF 2009

B. SANTOSHAMMA & ANR. Vs D. SARALA & ANR. 

Author: Indira Banerjee, J.

Dated: SEPTEMBER 18, 2020.

Read full judgment here: click here

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