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to include the whole claim - On facts, first suit seeking injunction by original plaintiff against respondent no 1 withdrawn with the leave of the court - Later suit for specific performance filed by Respondent objected to the same, invoking O.II, r.2 that relief of specific performance ought to have been claimed along with relief of injunction in earlier suit which was withdrawn - Both the trial court and High Court dismissed the suit as being barred u/ O.II, r. 2 - On appeal,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