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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SHAILESH P.BRAHME
Lahoti Properties – Appellant
Versus
Gangabhishan, S/o Madangopal Bhutada – Respondent
| Table of Content |
|---|
| 1. failed development agreement led to disputed sale deed. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties contend on order ii rule 2 bar applicability. (Para 8 , 9) |
| 3. additional prayers in fresh suit violate withdrawal liberty. (Para 10 , 11 , 12 , 13) |
| 4. omitted reliefs without leave bar subsequent suit under order ii rule 2. (Para 14 , 15 , 18 , 19 , 20 , 21 , 22) |
| 5. order xxiii rule 4 interplay bars additional relief claims. (Para 16 , 17 , 27 , 28 , 29 , 30) |
| 6. suit barred by limitation from cheque dishonour date. (Para 23 , 24 , 25 , 26) |
| 7. impugned order quashed; plaint rejected. (Para 31) |
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Heard both sides finally with their consents.
2. Applicants are assailing order dated 03.02.2026 passed below Exhibit 41, refusing to reject plaint under Order VII Rule 11 of the Code of Civil Procedure (for the sake of brevity and convenience hereinafter referred as to the “C. P. C.”) in Spl. C. S. No. 216 of 2023. They are original defendant Nos. 1 to 5. The respondent No. 1 is the original plaintiff. The respondent Nos. 2 to 5 are original defendant Nos. 6 to 9. Parties are referred to by their original status in the suit.
3. The controversy pertai
Subsequent suit barred under Order II Rule 2(3) CPC if on same cause of action as withdrawn prior suit, omitting reliefs without leave; plaint rejectable under Order VII Rule 11 if averments disclose....
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 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 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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