Supreme Court · 2013 INSC 773 · Decided 22 November 2013

State Bank of India v. Gracure Pharmaceuticals LTD.

Court
Supreme Court of India
Citation
2013 INSC 773 · [2013] 12 S.C.R. 617
Case number
CIVIL APPEAL No. 10531/2013
Decided
22 November 2013
Bench
K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

A B Code of Civil Procedure, 1908 - Or. II, r. 2 - Applicability of- In respect of two suits filed by the respondent- Held: The object of Or.II, r.2 is to avoid multiplicity of proceedings and C not to vex the parties over and again in a litigative process - In the instant case, the facts on the suit was filed, existed on the date on which the earlier suit was filed - No fresh cause of action arose in between the first suit and the second suit - When the first suit for recovery of dues D was filed for the alleged relief, damages sought for in the subsequent suit could have also been

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