AI Overview...
- Order 2 Rule 2 CPC - Main points and insights:
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This rule pertains to the bar of suit when a matter has been directly or indirectly in issue in a previously instituted suit (res judicata). Multiple sources discuss its application in various contexts such as property disputes, partition suits, and specific performance cases, emphasizing that if a matter is already adjudicated or directly in issue in a prior suit, subsequent suits may be barred. Jaideep Bajaj VS Shashi Bajaj - Delhi, R. Sundaravadivelan VS R. Sivaganesa Velan - Madras, Daulat Ram VS Hari Ram - Punjab and Haryana, K. Chakrapani VS N. Brindha - Madras
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Order 23 Rule 1(4)(b) CPC - Main points and insights:
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This rule relates to withdrawal and compromise of suits, indicating that if a suit is withdrawn with permission, the plaintiff cannot institute a fresh suit based on the same cause of action unless certain conditions are met. It is relevant in cases where objections are raised regarding the maintainability of subsequent suits. Jaideep Bajaj VS Shashi Bajaj - Delhi
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Analysis and Conclusion:
- The key principle of Order 2 Rule 2 CPC is to prevent multiplicity of suits by barring subsequent suits on matters already decided or in issue in earlier suits. Courts examine whether the earlier suit covered the subject matter or issues of the current suit to determine applicability. Proper application of this rule ensures judicial efficiency and finality, but courts also consider exceptions where the earlier suit was dismissed without adjudication on merits or where the issues are not identical. References to specific cases highlight its broad applicability across property disputes, partition suits, and contractual claims, emphasizing its role in preventing relitigation and maintaining legal stability.
Search Results for "O 2 R3 of Order Cpc"
2006 0 Supreme(Del) 922 • India - Delhi
MANJU GOEL
Defendant raises objections based on Order 2, Rule 2, CPC and Order 23, Rule 1(4)(b) CPC. ... Issues: Whether the suit is barred under Order 2, Rule 2, CPC and Order 23, Rule 1(4)(b) CPC. ... Preliminary Issues - Order 2, Rule 2, CPC - Order 23, Rule 1(4)(b) CPC Fact of th....
2008 0 Supreme(Del) 684 • India - Delhi
BADAR DURREZ AHMED
Order 7 Rule 11 (d) - Rejection of Plaint - Code of Civil Procedure, 1908 - [Order 2 Rule 2, CPC] - [Order 2 Rule 2, CPC] - The ... was barred under Order 2 Rule 2, CPC. ... the plea that the suit was barred under Order 2 Rule 2, CPC. ... Order 2....
2014 0 Supreme(Mad) 4308 • India - Madras
R.SUBBIAH
Rules, Order VII Rule 11 CPC, Order 2 Rule 2 and 3 CPC - The court discussed the application filed under Order VII Rule 11 CPC to ... Partial Partition - Property Dispute - Order 2 Rule 2 CPC - Summary of Acts and Sections: Order XIV Rule 8 of O.S. ... 2 Rule 2 CPC. ... Absolutely, there is no need to obtain ....
2003 0 Supreme(P&H) 203 • India - Punjab and Haryana
V.M.JAIN
specific performance - agreement to sell - Order 2 Rule 2 CPC - [Section 2, Order 2 Rule 2 CPC] - The court discussed the applicability ... of Order 2 Rule 2 CPC in the context of a suit for specific performance of an agreement to sell. ... 2 Rule 2 CPC. ... 2 Rule 2 #HL_ST....
2017 0 Supreme(MP) 330 • India - Madhya Pradesh
S.K.AWASTHI
CPC - Civil Suit Restoration - The court determined whether the original suit was dismissed under Rule 3 or Rule 2 Order 17 CPC ... It was held that Rule 2 Order 17 CPC applies in case of dismissal of suit when the plaintiff fails to appear on an adjourned date ... Ratio Decidendi: The court held that Rule 2 Order 17 CPC applies in case of dismissal of suit when the plaintiff fails to ... The singular question whi....
2012 0 Supreme(Chh) 213 • India - Chhattisgarh
Sujoy Paul
Order 16 Rule 2, CPC and Order 16 Rule 6, CPC in a civil suit for declaration and injunction. ... Article 227 - Civil Suit - Order 16 Rule 2, CPC, Order 16 Rule 6, CPC - The judgment discusses the rejection of applications under ... Issues: The issues revolved around the rejection of applications under Order 16 Rule 2, CPC and Order 16 Rule 6,....
2010 0 Supreme(P&H) 2163 • India - Punjab and Haryana
K.C.PURI
Fraud - Property Dispute - Order 17 Rule 2 CPC, Order 17 Rule 3 RPC - [Order 17 Rule 2 CPC, Order 17 Rule 3 RPC] - The court discussed ... the provisions of Order 17 Rule 2 CPC and Order 17 Rule 3 RPC in the context of the plaintiffs' failure to lead evidence. ... 17 Rule 3 CPC instead of Order 17 Rule 2 CPC,....
2018 0 Supreme(P&H) 4498 • India - Punjab and Haryana
RAJ MOHAN SINGH
Pleadings - Order 6, Rule 2 CPC; Order 18, Rule 4 CPC - The court discussed the provisions of Order 6, Rule 2 CPC and Order 18, Rule ... It noted that Order 6, Rule 2 CPC applies to the pleadings only and cannot be extended to the stage of evidence in the form of examination-in-chief ... Similarly, Order 18, Rule 4 CPC does not apply to the fac....
1996 0 Supreme(Gau) 260 • India - Gauhati
J.N.SARMA
2 Rule 2 CPC. ... 2 Rule 2 CPC. ... 2 Rule 2 CPC. ... The next question is that whether the finding arrived at by the Tribunal holding that the claim is barred by the principles of res juditata and or hit by Order 2 Rule 2 can be said to be a correct decision. Order 2 Rule 2 of the CPC does hot apply to a cla....
2023 0 Supreme(Mad) 2966 • India - Madras
S. VAIDYANATHAN, R. KALAIMATHI
11 CPC and Order 2 Rule 2 CPC in the context of a partition suit. ... Res-judicata - Partition Suit - Section 11 CPC - Order 2 Rule 2 CPC - Either or Survivor - Hindu Succession Act - [KEYWORD] - ... [Partition Suit] - [Section 11 CPC, Order 2 Rule 2 CPC, Hindu Succession Act] - The court discussed the applicability of Section....
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