LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mukesh gupta (advocate)     12 April 2013

Order2 rule2

A tresspassed in the agriculture land of B and some portion of crops were destroyed. At the same time, A threatened B that he will constantly interfere in the land in future also.

B filed a suit of permanant injunction and the court decreed the suit in favour of B.

lateron, B filed suit for damages of crops. A contended that O2 r2 is applicable, as the cause of action of both suits are same, and that the  B failed to claim the relief of damages in previous suit.

Q.1Whether cause of action is same in both cases?

Q.2what is cause of action in both the case?



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 May 2013

Order II, Rule 2CPC is based on the principle that the defendants should not be twice vexed for one and the same cause....The rule contained in Order II, Rule 2 is directed against two evils, i.e., (i) the splitting of claims and (ii) splitting of remedies. The expression "cause of action" in Order IIRule 2CPC means that cause of action for which the suit is laid, that is to say, the cause of action which gives occasion for and forms the foundation of the suit. "Cause of action" means the cause for which the suit was brought. If that cause of action enables a person to ask for a larger and wider relief


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register