Supreme Court of India
Sucha Singh Sodhi (d) Thr. Lrs. v. Baldev Raj Walia & Anr.
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What the Court ordered
In view of the foregoing discussion, we cannot concur with the reasoning and the conclusion arrived at by the Trial Court and the High Court which wrongly allowed the application filed by respondent No.2 (defendant No.2) under Order 7 Rule 11 of the Code and, in SUCHA SINGH SODHI (D) THR. LRS. v.
Judgment, page 12
From the headnote
Code of Civil Procedure, 1908: O.II, r.2 – Suit to include the whole claim – On facts, first suit seeking injunction by original plaintiff against respondent no 1 withdrawn with the leave of the court – Later suit for specific performance filed by the original plaintiff – Respondent objected to the same, invoking O.II, r.2 that relief of specific performance ought to have been claimed along with relief of injunction in earlier suit which was withdrawn – Both the trial court and High Court dismissed the suit as being barred u/ O.II, r. 2 – On appeal, held: Trial court and the High Court erred…
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Where later benches applied it
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