Order II Rule 2 CPC Doesn't Bar Second Suit For Relief Which Was Barred At The Time Of First Suit

Order II Rule 2 CPC Doesn't Bar Second Suit For Relief Which Was Barred At The Time Of First Suit

  • Case Name: Cuddalore Powergen Corporation Ltd V M/s Chemplast Cuddalore Vinyls limited

The Supreme Court held that Order II Rule 2 of the CPC does not bar a second suit if it arises from a distinct cause of action.

The case involved a plaintiff filing two suits—one for a permanent injunction and another for specific performance of a sale agreement. Lower courts dismissed the second suit, citing Order II Rule 2 CPC. 

However, the SC reversed these rulings, clarifying that procedural laws should ensure justice, not obstruct it.

Claims with different causes of action remain unaffected by this rule.

Court Order / 6 months ago

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