Order II Rule 2 CPC
Case BriefsSupreme Court

“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”

Delhi High Court
Case BriefsHigh Courts

Delhi High Court held that the dismissal of the petitioner’s application under Order VII Rule 11 CPC was warranted, emphasizing the need to focus solely on the allegations in the plaint at the preliminary stage because the issues regarding limitation and adverse possession required further evidence and examination, which could not be resolved without a full trial.