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P. S. DINESH KUMAR, C. M. POONACHA
P. Devaraj – Appellant
Versus
Kamalamma – Respondent
| Table of Content |
|---|
| 1. contractual obligations regarding property. (Para 1 , 3) |
| 2. legal motions and plaint procedures. (Para 4 , 5) |
| 3. affirmative arguments by plaintiffs. (Para 6 , 7) |
| 4. defendants’ counterarguments. (Para 8 , 9) |
| 5. court's analysis of the legal provisions. (Para 10 , 11 , 12) |
| 6. substantive decision on the case merits. (Para 26 , 29) |
JUDGMENT :
C.M. Poonacha, J.
The above First Appeal is filed under section 96 of Code of Civil Procedure, 1908 (for short 'CPC') by the Plaintiffs challenging the order dated 12.08.2015 passed on I.A. No.8 in O.S. No.1216/2013 by the Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru whereunder I.A. No.8 filed under Order 7, Rule 11 (a), (b), (c) and (d) of CPC has been allowed and the plaint has been rejected.
2. For the sake of convenience, the parties will be referred to as per their rank before the Trial Court.
3. The case of the Plaintiffs, in brief, necessary for consideration of the present Appeal is that, Defendant Nos.1 to 7 are the absolute owners of land bearing Sy. No.115 (new No.142) measuring 4 acres 10 guntas situated at Channasandra, Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru (hereinafter referred to as 'suit pro
The bar under Order II Rule 2 CPC does not apply when a second suit is based on a distinct cause of action arising from subsequent events, such as the lifting of a government ban on property registra....
The plea of bar under Order II Rule 2 CPC prohibits a second suit for specific performance if based on the same cause of action previously omitted, and the suit is also barred by limitation under Art....
The subsequent suit for specific performance of the agreement to sell based on a different cause of action is maintainable.
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
The maintainability of a suit for specific performance is barred under Order 2 Rule 2 CPC if a plaintiff omits to claim it in an earlier suit concerning the same cause of action.
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Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
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