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R. SUBRAMANIAN, R. SAKTHIVEL
E. Sathish Kumar (Died) – Appellant
Versus
S. Murugesan – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
Prayer : Appeal Suit filed under Section Section 96 of the Code of Civil Procedure read with Order XLI Rule 1 of the Code of Civil Procedure, praying to set aside the order and decretal order dated 21.12.2015 made in I.A.No.1636 of 2009 in O.S.No.946 of 2004 passed by the Principal District Judge, Coimbatore.
(Prayer amended vide order of this Court dated 14.03.2023 made in C.M.P.No.3968 of 2023 in A.S.No.357 of 2017 by SVNJ & RKMJ
This appeal is as against the order of the learned Principal District Judge, Coimbatore dated 21.12.2015 made in I.A.No.1636 of 2009 in O.S. No.946 of 2004 rejecting the plaint on the ground that the suit is barred under Order II Rule 2 of the Civil Procedure Code (for short, the CPC).
2. The suit is for specific performance of the agreement of sale dated 02.6.2000, in and by which, the first defendant had agreed to sell the suit property for a consideration of Rs.1,50,00,000/- and received an advance amount of Rs.1,00,000/-.
3. The essential terms of the said agreement are as follows:
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.
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.
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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....
A subsequent suit for specific performance is maintainable only if the prior suit does not relinquish that right; withdrawal of the first suit does not bar the right to initiate a subsequent suit.
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....
An order remanding a proceeding may ordinarily be made under Order XLI Rule 23 of the Code of Civil Procedure when the Trial Court has decided the case on a preliminary point and the Appellate Court ....
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