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, claiming 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 in respect of the same property, and that the Plaintiff had not included the cause of action for injunction in that suit, thus barring the subsequent suit under Order II Rule 2 CPC. The High Court examined the pleadings in both suits and found that the earlier suit was for declaration and injunction based on a cause of action arising from the Defendants' denial of title and earlier interference, while the subsequent suit was based on a fresh cause of action arising from an alleged interference on May 19, 2023. The Court held that Order II Rule 2 CPC bars a subsequent suit only when it is based on the same cause of action as the earlier suit. Since the causes of action were different, the subsequent suit was not barred. The Court also noted that the remedy under Article 227 is not appropriate when the suit is not barred by law. Accordingly, the Civil Revision Petition was dismissed, and the connected miscellaneous petition was closed.
Headnote
A) Civil Procedure - Order II Rule 2 CPC - Bar on Subsequent Suit - Cause of Action - The Court examined whether a subsequent suit for permanent injunction is barred under Order II Rule 2 CPC when an earlier suit for declaration and injunction was pending in respect of the same property. The Court held that the bar under Order II Rule 2 applies only when the subsequent suit is based on the same cause of action as the earlier suit. Since the earlier suit was based on a different cause of action (denial of title and earlier interference), the subsequent suit based on a fresh cause of action (interference on 19.05.2023) is not barred. (Paras 5-8) B) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - The Court noted that the remedy to strike off the plaint under Article 227 is not the appropriate remedy when the suit is not barred by law. The Court held that the Trial Court had correctly applied the law and dismissed the application to strike off the plaint. (Para 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, in view of the earlier suit O.S. No.35 of 2022.
Final Decision
The Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Order II Rule 2 CPC
- Bar on subsequent suit
- Cause of action
- Res judicata
- Section 11 CPC
- Article 227 Constitution of India
