Supreme Court · 2007 INSC 34 · Decided 12 January 2007
S. Nazeer Ahmed v. State Bank of Mysore and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 34 · [2007] 1 S.C.R. 843
- Case number
- CIVIL APPEAL No. 175/2007
- Decided
- 12 January 2007
- Bench
- H.K. SEMA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908-0.2 R.2; 0.41 R.22 & R.33-Lender Bank filed a money suit for recovery of loan given for buying bus-Its second suit on the basis of mortgage debt is not barred by 0.2. R.2 as the cause of action in suits are different-Bar of 0.2 R.2 operates on reliefs based on the barred by 0.2 R.2. The Respondent-Bank had advanced loan to appellant for buying a bus. Bank obtained a money decree. When Bank filed execution petition, appellant raised a defence that he had transferred bus to 'F' in agreement with the Bank. Bank then filed another suit on the basis of mortgage
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