Case Note & Summary
The case involves a Civil Revision Petition filed under Article 227 of the Constitution of India by the defendants in O.S. No.25 of 2023, seeking to strike off the plaint on the ground that the suit is barred under Order II Rule 2 of the Code of Civil Procedure, 1908 (CPC). The plaintiff had filed the suit for a permanent injunction against the defendants, alleging that he purchased the suit property in 2002 and was in peaceful possession, and that the defendants attempted to interfere on May 19, 2023. The defendants argued that an earlier suit, O.S. No.35 of 2022, was pending between the same parties regarding the same property, and that the present suit was barred by Order II Rule 2 CPC. The High Court examined the pleadings and found that the earlier suit was for declaration and injunction based on a different cause of action, while the present suit was based on a fresh cause of action arising from the alleged interference on May 19, 2023. The court held that Order II Rule 2 CPC applies only when the cause of action in the subsequent suit is the same as in the earlier suit, which was not the case here. Therefore, the suit was not barred, and the petition to strike off the plaint was dismissed. The court also noted that the power under Article 227 is supervisory and cannot be used to strike off a plaint unless the suit is manifestly barred by law.
Headnote
A) Civil Procedure - Order II Rule 2 CPC - Bar of Subsequent Suit - The bar under Order II Rule 2 CPC applies only when the cause of action in the subsequent suit is the same as in the earlier suit. In the present case, the earlier suit O.S. No.35 of 2022 was for declaration and injunction based on a different cause of action, while the present suit O.S. No.25 of 2023 is for permanent injunction based on a fresh cause of action arising from an alleged interference on May 19, 2023. Hence, the bar is not attracted. (Paras 5-7) B) Civil Procedure - Article 227 of the Constitution of India - Striking Off Plaint - The High Court's power under Article 227 is supervisory and cannot be used to strike off a plaint unless the suit is manifestly barred by law. Since the suit is not barred by Order II Rule 2 CPC, the petition to strike off the plaint is dismissed. (Paras 8-9)
Issue of Consideration
Whether the suit in O.S. No.25 of 2023 is barred under Order II Rule 2 of the Code of Civil Procedure, 1908, and whether the plaint should be struck off under Article 227 of the Constitution of India.
Final Decision
The Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Order II Rule 2 CPC applies only when the cause of action in the subsequent suit is the same as in the earlier suit
- Bar of Order II Rule 2 CPC is not applicable when the cause of action is different
- Plaint cannot be struck off under Article 227 of the Constitution of India when the suit is not barred by law
