The suit stands dismissed under order 2 Rule 2 (3)of Code of Civil Procedure.

8. In this factual backdrop, Ms. Disha Shetty, the learned Advocate appearing for the Appellant, submitted that the Learned Judge had committed an error in passing the said Order dated 31st March, 2021 as the Learned Judge had failed to appreciate that the earlier Petition filed for divorce by the Appellant was based on a different cause of action than the subsequent Petition filed by the Appellant seeking reliefs in respect of the Suit Flat. Ms. Shetty submitted that since the causes of action in respect of the earlier Petition and the subsequent Petition were different, the provisions of Order 2 Rule 2 of the CPC would not apply to the present case, and, therefore, the Learned Judge had committed a grave error in dismissing the Petition by relying upon the provisions of Order 2 Rule 2 of the CPC.

9. In support of her submissions, Ms. Shetty relied upon the judgement of the Hon’ble Supreme Court in Rathnavathi and Another v/s. Kavita Ganashamdas, (2015) 5 SCC 223 and also to a judgement of the Delhi High Court in Gaurav Mangla and Others v/s. Rohit Mangla, MANU/DE/2415/2024 Ms. Shetty submitted that