mukesh gupta (advocate) 13 February 2012
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?
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
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
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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