NO BAR ON 2ND SUIT FOR RELIEF NOT AVAILABLE IN 1ST SUIT RULED BY SC

by | Jan 20, 2025

Headline

The Supreme Court of India shed light on Order II Rule 2 of Civil Procedure Code (CPC) in relief barred by subsequent events.

Summary

The Supreme Court of India stated that Order II Rule 2 of Civil Procedure Code (CPC) does not bar a plaintiff from filing a subsequent suit for reliefs that were inaccessible at the time of the 1st suit but became possible due to a subsequent event, such as the lifting of a government ban.

Key Facts

  • Case Name: Cuddalore Powergen Corporation Ltd v. M/s Chemplast Cuddalore Vinyls Ltd and Anr.
  • Judges Name: Justice JB Pardiwala and Justice R. Mahadevan
  • The 1st suit sought an injunction against alienation of property.
  • Reliefs of specific performance and possession were omitted due to a ban by the government on registration of sale deeds.
  • The ban was later lifted, activating a fresh cause of action (COA).

Legal Insights

  • The Supreme Court of India reaffirmed that a subsequent suit is allowed when a fresh cause of action (COA) appears.
  • Referenced rulings: Ramjilal v. Board of Revenue, Rajasthan and National Security Assurance Company Ltd. v. S.N. Jaggi.

Impact

This decision of the Supreme Court makes sure that the plaintiffs can claim reliefs which were inaccessible initially due to external constraints, protecting their rights.

Why It Matters

The ruling of the Supreme Court focuses on a fair and just application of Order II Rule 2 CPC, balancing procedural technicalities with substantive justice.

Source 

 

Read also ORDER II RULE 2 CPC DOESN’T MANDATE SINGLE SUIT FOR ALL CAUSES RULED BY SC

 

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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