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mukesh gupta (advocate)     13 February 2012

O2r2

A filed a SP suit against B in respect of contract to sell land. Lateron A filed  suit for damages against in respect of same contract. both suit are pending.

Q. B took the objection of O2R2 in 2nd suit. whether objection is maintainable or O2R2 is applicable only when the 1st suit has been diposed off? what is the solution, whether the court shold consolidate the suit?



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 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 February 2012

Though the language suggests otherwise - O2 R2 should in the fitness of things be applied to pending suits - otherwise purpose of preventing multiplicity of litigation would be frustrated. Here consolidation or allowing him to amend his earlier petition u/o 6 R 17 to include relief of damages in the alternative seems apt

1 Like

Shantilal Pandya ( Advocate)     17 February 2012

 in a suit for specific performance  court can award damages   and such  a  claim is permissible by amendement  for alternateive relief , in that case the  second  suit  will be of  no consequence 

1 Like

Shantilal Pandya ( Advocate)     17 February 2012

 in a suit for specific performance  court can award damages   and such  a  claim is permissible by amendement  for alternateive relief , in that case the  second  suit  will be of  no consequence 

Jamai Of Law (propra)     17 February 2012

 

Damages 'are to be/can only be' asked in consequence of some other relief such as breach of contract, SP etc.

 

 

Merely asking damages .... but for what?

 

 

2nd suit is not tenable on its face i.e merely aksin for damages unless there is some precursor relief prayed e.g. plaint does ask for rescission of contract etc.

 

 

But if there is rescission of contract then what's the use of SP?

 

 


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