Supreme Court · 2018 INSC 338 · Decided 13 April 2018

Sucha Singh Sodhi (D) THR. LRS. v. Baldev Raj Walia & ANR.

Court
Supreme Court of India
Citation
2018 INSC 338 · [2018] 3 S.C.R. 324
Case number
CIVIL APPEAL No. 3777/2018
Decided
13 April 2018
Bench
R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Limitation Act

Headnote

Code of Civil Procedure, 1908: O.II, r.2 - Suit to include the whole claim - On facts, first suit seeking injunction by original plaintiff against respondent no 1 withdrawn with the leave of the court - Later suit for specific performance filed by Respondent objected to the same, invoking O.II, r.2 that relief of specific performance ought to have been claimed along with relief of injunction in earlier suit which was withdrawn - Both the trial court and High Court dismissed the suit as being barred u/ O.II, r. 2 - On appeal,

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