Supreme Court · 1977 INSC 2 · Decided 5 January 1977

State of Madhya Pradesh v. State of Maharashtra & ORS.

Court
Supreme Court of India
Citation
1977 INSC 2 · [1977] 2 S.C.R. 555
Case number
CIVIL APPEAL No. 1870/1968
Decided
5 January 1977
Bench
A.N. RAY, M. HAMEEDULLAH BEG, JASWANT SINGH (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 2; Limitation Act Section 2(1)

Headnote

Code of Civil Procedure, Order 2 Rule 2, bar under, when operates­ Whether applicable when omission to sue has occurred by lack of knowledge or absence of right to claim. Limitation Act, s. 2(1), application to claim for salary-Whether effected by su~pension or dismissal order-Whether salary the Court, HELD : ( l) A litigant will be barred under Order 2 Rule 2 of the C.P.C. only when he omits to sue for or relinquishes the claim in a suit with know­ ledge that he has a right to sue for that relief. A right which he does not know that he possesses or a right which is not in

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