Search Results for "Order 2 Rule 2 CPC"

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Search Results for "Order 2 Rule 2 CPC"

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High Court

Gujarat High Court Allows Second Appeal in Specific Performance Dispute, Sets Aside Concurrent Findings for Non-Compliance with Order 2 Rule 2 CPC. The court held that a subsequent suit for specific performance is barred when the plaintiff earlier sued for injunction without claiming the consequential relief.

18 Mar 2026

The case involves a dispute between M/s Star Land Developers (appellant) and Shri Mukundrai Meghjibhai Kamaliya (respondent) concerning an agreement t...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Barred by Order 2 Rule 2 CPC. Plaintiff's Omission to Seek Leave for Subsequent Suit for Specific Performance After Earlier Injunction Suit Results in Bar.

27 Nov 2019

The appeal arises from a judgment of the Bombay High Court (Nagpur Bench) in a Second Appeal, which upheld the concurrent findings of the Trial Court ...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence. The Court restored concurrent findings of trial court and first appellate court dismissing suits for partition and injunction.

1 May 2019

The Supreme Court considered appeals against a common judgment of the Madras High Court which, in exercise of its second appellate jurisdiction under ...

High Court

Bombay High Court Allows Second Appeal in Muslim Divorce Case — Civil Court Cannot Grant Maintenance and Matrimonial Property Relief in Suit Under Dissolution of Muslim Marriages Act, 1939. Held that reliefs of maintenance and share in jointly owned property are not ancillary to divorce under Section 2 of the Act and must be pursued under separate statutory forums.

2 Aug 2018

The case involves a Second Appeal filed by the husband (appellant) against the judgment of the District Judge, Thane, which partly allowed the wife's ...

High Court

Bombay High Court Quashes Order Allowing Deletion of Property Relief in Divorce Suit — Trial Court Must First Decide Application Under Order 2 Rule 2 CPC Before Permitting Amendment Under Order 6 Rule 17 CPC. The High Court held that relinquishment of a claim under Order 2 Rule 2 CPC cannot be bypassed by treating an application for deletion as a mere amendment under Order 6 Rule 17 CPC.

25 Nov 2011

The case arises from a matrimonial dispute where the respondent-wife filed HMP No.332 of 2010 seeking divorce and a claim over immovable properties. S...

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