Pages

▼
Showing posts with label O 2 R 2 of CPC. Show all posts
Showing posts with label O 2 R 2 of CPC. Show all posts
Sunday, 29 October 2023

Whether the court can grant leave to file second suit?

›
15. Order II, Rules 2, 3 and 4 of the Code read as under: 2. Suit to include the whole claim (1) Every suit shall include the whole of the c...
Wednesday, 29 December 2021

Can the court grant a conditional decree for specific performance of contract if vendor can not execute sale deed without permission of competent authority?

›
    It is seen that the permission for alienation is not a condition precedent to file the suit for specific performance. The decree of spec...

Can the court permit an amendment of plaint to add a prayer for specific performance of the contract if that relief is time-barred?

›
  Apart from this, a perusal of the original plaint and the proposed amendment filed on behalf of the   petitioner would show that the cause...
Monday, 14 December 2020

Whether the right of the landlord to get rent accrued during the pendency of the first suit will be barred by res judicata if the landlord fails to claim said rent by amending plaint?

›
  (g) Rent and Recurring Cause of Action: 48. The Corporation and the Firm maintain that the Owner's claim has been barred by res judica...
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.  Os...

Supreme Court: after 2018 amendment in the Specific Relief Act, the court must grant specific performance of a contract

›
The relief of specific performance of an agreement, was at all material times, equitable, discretionary relief, governed by the provisions o...
Saturday, 29 August 2020

How order 2 R 2 of CPC applies to arbitration proceeding?

›
Supreme Court, in Dolphin Drilling Ltd. Vs. Oil & Natural Gas Corporation Ltd. MANU/SC/0120/2010 : (2010) 3 SCC 267 held that the words...

Whether petition for interim measures U/S 9(3) of Arbitration Act is maintainable before the court if Arbitration tribunal is in existence from the same agreement?

›
 In our opinion, the words 'Arbitral Tribunal' in Section 9(3) of the Act have to take colour from all the said provisions and thu...
Saturday, 18 April 2020

When subsequent suit for specific performance of contract will be barred by O 2 R 2 of CPC?

›
The rationale underlying in Order 2 Rule 2 has been dealt with in several judgments including in the decision of the Privy Council in Mohd...
Wednesday, 1 January 2020

Whether it is necessary to file pleadings of previous suit for proving bar of O 2 R 2 of CPC?

›
Regarding the plea on the basis of Order 2 Rule 2 CPC it need only be noticed that Hon'ble Supreme Court in Gurbux Singh v. Bhooral...
Friday, 20 December 2019

Whether subsequent suit for mesne profits will be barred by O 2 R 2 of CPC?

›
"Taking into consideration the changes introduced by the present Civil Procedure Code to the old law, there is nothing to indicate th...

Whether landlord will be barred from filing eviction suit on ground of arrears of rent if he had previously filed eviction suit on ground of bonafide need?

›
As regards the submission pertaining to Order II Rule 2 of the CPC, the Courts below have correctly analyzed the said provision and applie...
Sunday, 17 November 2019

Whether bar of O 2 R 2 of CPC is applicable if cause of action is different?

›
Though substantial question of law has not been framed in respect of point raised under Order II Rule 2 of Code of Civil Procedure, it can...

Whether a party can be permitted to adduce additional evidence at appellate stage if he has not adduced evidence at trial court?

›
Before considering the merits of the case I would also like to deal with the application No. 8740 of 2007 filed under Order XLI Rule 27of ...
Sunday, 29 September 2019

Whether bar of O 2 R 2 of CPC is applicable if previous suit was disposed off for want of jurisdiction?

›
Learned counsel for the appellants submits that original plaintiffs had filed Regular Civil Suit No. 26 of 1997 for perpetual injunction ...
Saturday, 28 September 2019

Supreme Court: O 2 R 2 of CPC will not apply if there are more than one cause of action

›
 Order II Rule 2(1) of CPC provides that, a Plaintiff is to include the whole of the claim, which he is entitled to make, in respect of th...
Friday, 19 April 2019

Whether landlord is barred from filing suit on ground of non payment of arrears of rent after filing eviction suit on ground of bonafide need?

›
As regards the submission pertaining to Order II Rule 2 of the CPC, the Courts below have correctly analyzed the said provision and applied...

Whether tenant who has failed to deposit standard rent within ninety days of order is liable to be evicted?

›
The material on record also shows that even after the fixation of standard rent by the trial Court by an order dated 07-01-2004 at the rat...
Friday, 1 March 2019

Whether bar as per O 2 R 2 of CPC can be proved on basis of photocopy of plaint?

›
True it is that the defendants have filed a photo copy, we cannot ignore that the law laid down by the Supreme Court in the case of Gurbux...

Leading judgment of Supreme Court on O 2 R 2 of CPC

›
Just as in the case of a plea of res judicata which cannot be established in the absence on the record of the judgment and decree which is...