Supreme Court · 2019 INSC 666 · Decided 10 May 2019
Pramod Kumar & ANR. v. Zalak Singh & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 666 · [2019] 7 S.C.R. 919
- Case number
- CIVIL APPEAL No. 1055/2019
- Decided
- 10 May 2019
- Bench
- ASHOK BHUSHAN, K.M. JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 109
Headnote
Code of Civil Procedure, 1908: Order II, Rule 2(1) - Suit to include the whole claim - Two alienations by father of separate areas of the ancestral property, on different dates - Filing of separate suits for setting aside the two sale deeds - First suit dismissed by the the appellate court on the ground of Order II, rule 2 and constructive res judicata - High Court setting aside the order - On appeal held: Order II, Rule 2(1) provides that a plaintiff is to include the whole of the claim, which he is entitled to make, in respect of the cause of
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