Jolly James 9447287658
(Querist) 06 July 2014
This query is : Resolved
A FILED A SUIT FOR INJUNCTION AGAINST DEFENDANTS ( CO OWNERS ). SECOND TIME A FILED SUIT FOR PARTITION DURING THE PENDENCY OF FIRST SUIT ON THE SAME PROPERTY . COURT CONSOLIDATE BOTH CASES AND POSTED FOR TRIAL. WHETHER O 2 R 2 BAR IS APPLICABLE TO PARTITION SUIT. WHAT IS THE POSITION ON JOINTLY TRY THE CASE. PLEASE SUGGEST DECISION IF ANY.
Rajendra K Goyal
(Expert) 07 July 2014
Citation not provided in this section.
ajay sethi
(Expert) 07 July 2014
search in indian kanoon .com
T. Kalaiselvan, Advocate
(Expert) 07 July 2014
The object of Order 2 Rule 2 of the Code is two-fold. First is to ensure that no defendant is sued and vexed twice in regard to the same cause of action. Second is to prevent a plaintiff from splitting of claims and remedies based on the same cause of action. The effect of Order 2 Rule 2 of the Code is to bar a plaintiff who had earlier claimed certain remedies in regard to a cause of action, from filing a second suit in regard to other reliefs based on the same cause of action. It does not however bar a second suit based on a different and distinct cause of action. For citations you may search in the internet.
Raj Kumar Makkad
(Expert) 09 July 2014
We do not provide citations here.
Biswanath Roy
(Expert) 10 July 2014
It transpires from the query that the querist is not keen enough to study Law Books and Case Laws. This is of course unfortunate. I feel that a practicing lawyer must spend four hours in a day to study law books and case laws.
Guest
(Expert) 10 July 2014
I endorse the views of Shri Biswanath Roy.
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