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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
A.R. Peter S/o Rappel – Appellant
Versus
Sarada Narayanan W/o Narayanan – Respondent
| Table of Content |
|---|
| 1. claim of specific performance vs barring under cpc. (Para 1 , 4 , 5) |
| 2. conflicting arguments on the applicability of order ii rule 2. (Para 8 , 9) |
| 3. court's determination on the bar of claim under order ii rule 2. (Para 10 , 11 , 19) |
| 4. essentials for bar under order ii rule 2 of cpc. (Para 12 , 14 , 16 , 17) |
| 5. conclusion of appeal dismissal and costs. (Para 20) |
JUDGMENT :
A. BADHARUDEEN, J.
1. This regular first appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 [hereinafter referred as ‘CPC’ for short], challenging the decree and judgment dated 19.11.2016 in O.S. No.159/2011 on the files of the Sub Court, Muvattupuzha, disallowing the relief of specific performance of Ext.A1 agreement, while granting the alternative relief of return of advance amount. The appellant herein is the plaintiff and the respondent is the defendant.
2. Heard the learned counsel for appellant and the learned counsel appearing for the respondent. Perused the verdict under challenge, the records of the trial court and the decisions placed by both sides.
3. Parties in this appeal shall be referred with reference to their status before the tri
Subsequent suits based on the same cause of action are barred under Order II Rule 2 of the CPC, thus limiting the relief for specific performance in favor of return of advance.
A plaintiff must include all claims arising from the same cause of action in one suit; failure to do so bars subsequent suits under Order II Rule 2 of the CPC.
Different causes of action in separate suits do not invoke the bar under Order II Rule 2 of the CPC, allowing for claims of specific performance.
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The court held that specific performance is a discretionary relief and denied it due to the plaintiff's delay and lack of demonstrated readiness to perform the contract, resulting in inequity to the ....
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....
Withdrawal of a suit with permission to file a fresh suit negates the bar under Order II Rule 2, allowing claims for specific performance on the same cause of action.
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