Case Note & Summary
The case involved two civil appeals against a common judgment of the Madras High Court, which had refused to strike off subsequent suits filed by the respondents for specific performance of agreements. The respondents had initially filed suits seeking permanent injunctions against the appellants from alienating certain properties based on agreements dated 27.7.2005. The appellants contended that the subsequent suits were barred under Order II Rule 2 of the Code of Civil Procedure, 1908, as the respondents had failed to claim specific performance in the earlier suits. The High Court held that the cause of action for the subsequent suits had not matured at the time of filing the earlier suits, thus allowing the respondents to proceed. However, the Supreme Court disagreed, stating that the respondents had sufficient grounds to claim specific performance at the time of the earlier suits and had omitted to do so without obtaining leave from the court. The court emphasized that the provisions of Order II Rule 2 were applicable to prevent multiplicity of litigation on the same cause of action. Consequently, the Supreme Court allowed the appeals, set aside the High Court's order, and struck off the plaints in the subsequent suits.
Headnote
A) Civil Procedure - Maintainability of Subsequent Suits - Applicability of Order II Rule 2 - Subsequent suits for specific performance were struck off as they were barred under Order II Rule 2 of the CPC due to the omission of the plaintiff to claim specific performance in earlier suits. The court held that the cause of action for both sets of suits was the same, and the plaintiff had not obtained leave to sue for the omitted relief in the earlier suits (Paras 6-17).
Issue of Consideration
Whether the subsequent suits for specific performance were maintainable under Order II Rule 2 of the Code of Civil Procedure, 1908.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's order dated 6.10.2009, and struck off the plaints in O.S. Nos. 202 and 203 of 2007.
Law Points
- Order II Rule 2 CPC
- cause of action
- specific performance
- permanent injunction
- multiplicity of suits
