Code of Civil Procedure, 1908:
0.2, r.2 - Bar to second suit - Plaintiff filing a suit for
permanent injunction seeking to restrain defendants from
interfering with his possession - Second suit filed by plaintiff
for specific performance of contract for sale in respect of the
same property - The two suits. and the cause of action
D mentioned therein would show that the causes of action and
reliefs sought for are quite distinct and are not same -
Therefore, provisions of 0. 2, r. 2 will not apply.Code of Civil Procedure, 1908:
'Cause of action' - Explained.
Precedent:
Ratio of a decision - Must be understood in the
background of the facts of that case.
Appeal:
First appeal - High Court, being the final court of facts
in a first appeal, is required to decide all the points formulated
by it - Matter remanded to High Court to decide the appeals
by recording its finding on all points formulated by it.