M/S VIRGO INDUSTRIES (ENG.) P.LTD. versus M/S.VENTURETECH SOLUTIONS P.LTD.

M/S VIRGO INDUSTRIES (ENG.) P.LTD. versus M/S.VENTURETECH SOLUTIONS P.LTD.

Where the cause of action for an earlier suit for permanent injunction also provided a complete cause of action for relief of specific performance, and no leave of court was obtained for omitting such relief, a subsequent suit for specific performance is barred under Order II Rule 2 CPC, even if it is filed during pendency of the earlier suit.

Parties
Appellant: M/S Virgo Industries (Eng.) P.Ltd.; Respondent: M/S Venturetech Solutions P.Ltd.
Jurisdiction
India
Judgment Date
07 September 2012
Procedural Posture
Civil Appeal / Appeal Against High Court Order Refusing to Strike Off the Plaints in Suits for Specific Performance
Outcome
Appeal allowed
Legal Topics
Order II Rule 2 CPC, Specific Performance, Permanent Injunction, Bar on Subsequent Suits
Civil Procedure Order II Rule 2 CPC Specific Performance Permanent Injunction Bar on Subsequent Suits

Case Brief

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Parties

M/S Virgo Industries (Eng.) P.Ltd.

Appellant

M/S Venturetech Solutions P.Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order Refusing to Strike Off the Plaints in Suits for Specific Performance

Legal Issues

  1. 1 Whether subsequent suits for specific performance are barred under Order II Rule 2 CPC when prior suits for permanent injunction on same cause of action were filed without seeking such relief and without leave of court.
  2. 2 Whether Order II Rule 2 applies when the subsequent suit is filed during the pendency of the earlier suit.

Ratio Decidendi

Where the cause of action for an earlier suit for permanent injunction also provided a complete cause of action for relief of specific performance, and no leave of court was obtained for omitting such relief, a subsequent suit for specific performance is barred under Order II Rule 2 CPC, even if it is filed during pendency of the earlier suit.

Court Disposition

Appeal allowed

Orders

  • Judgment and order dated 6.10.2009 of the High Court of Madras in C.R.P.PD. Nos. 3758 and 3759 of 2007 set aside
  • Plaints in O.S.Nos.202 and 203 of 2007 on the file of District Judge, Thiruvallur struck off