GURBUX SINGH versus BHOORALAL

GURBUX SINGH versus BHOORALAL

The bar under Order 2 Rule 2 CPC was not established because the plaintiff’s pleading in the earlier suit (C.S. 28 of 1950) was not placed on record; hence, the identity of the causes of action between the two suits could not be determined. The technical plea is not maintainable without such evidence.

Parties
Appellant: Gurbux Singh; Respondent: Bhooralal
Jurisdiction
India
Judgment Date
22 April 1964
Procedural Posture
Civil Appeal (by Special Leave) / Supreme Court Appeal From Rajasthan High Court's Decision Dismissing Second Appeal and Affirming Remand Order
Outcome
Appeal dismissed
Legal Topics
Order 2 Rule 2 CPC, Res Judicata (distinguished), Bar to Subsequent Suit, Suit for Possession, Suit for Mesne Profits
Civil Procedure Order 2 Rule 2 CPC Res Judicata (distinguished) Bar to Subsequent Suit Suit for Possession Suit for Mesne Profits

Case Brief

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Parties

Gurbux Singh

Appellant

Bhooralal

Respondent

Procedural Posture

Civil Appeal (by Special Leave) / Supreme Court Appeal From Rajasthan High Court's Decision Dismissing Second Appeal and Affirming Remand Order

Legal Issues

  1. 1 Whether a subsequent suit for possession and mesne profits is barred under Order 2 Rule 2 of the Code of Civil Procedure, 1908, due to an earlier suit for mesne profits regarding the same property.

Ratio Decidendi

The bar under Order 2 Rule 2 CPC was not established because the plaintiff’s pleading in the earlier suit (C.S. 28 of 1950) was not placed on record; hence, the identity of the causes of action between the two suits could not be determined. The technical plea is not maintainable without such evidence.

Court Disposition

Appeal dismissed

Orders

  • Order of remand by Additional District Judge affirmed.
  • Suit to be tried on merits in accordance with law.