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INBASEGARAM AND ANOTHER vs. S. NATARAJAN (DEAD) THR. LRS.

SCR Citation: [2014] 10 S.C.R. 1202
Year/Volume: 2014/ Volume 10
Date of Judgment: 29 October 2014
Petitioner: INBASEGARAM AND ANOTHER
Disposal Nature: Appeals Disposed Off
Neutral Citation: 2014 INSC 748
Judgment Delivered by: Hon'ble Mr. Justice M.Y. Eqbal
Respondent: S. NATARAJAN (DEAD) THR. LRS.
Case Type: CIVIL APPEAL /4215-4216/2007
Order/Judgment: Judgment
1. Headnote

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.

2. Case referred
3. Act
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4. Keyword
  • Code of Civil Procedure
  • 1908
  • Order 2 Rule 2
  • Bar to second suit