PRAMOD KUMAR & ANR. versus ZALAK SINGH & ORS.

PRAMOD KUMAR & ANR. versus ZALAK SINGH & ORS.

The Court held that both suits arose from the same cause of action because the factual matrix and bundle of essential facts were identical and the second sale deed existed at the time the first suit was instituted; therefore under Order II Rule 2 CPC the plaintiffs, having omitted to include the second sale transaction in the earlier suit, were barred from instituting the second suit; differing limitation periods under Article 109 did not negate the bar; accordingly the High Court judgment was set aside and the appeal allowed.

Parties
Appellant: Pramod Kumar & Anr.; Respondent: Zalak Singh & Ors.
Jurisdiction
India
Judgment Date
10 May 2019
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment in Second Appeal No. 5 of 1995
Outcome
Appeal allowed; judgment of the High Court set aside
Legal Topics
Order II Rule 2 CPC, Order VII Rule 1 CPC, Cause of Action, Constructive Res Judicata, Joinder of Causes of Action, Article 109 Limitation Act
Code of Civil Procedure, 1908 Limitation Act, 1963 Property Law Order II Rule 2 CPC Order VII Rule 1 CPC Cause of Action Constructive Res Judicata Joinder of Causes of Action +1 more

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Parties

Pramod Kumar & Anr.

Appellant

Zalak Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment in Second Appeal No. 5 of 1995

Legal Issues

  1. 1 Whether Order II Rule 2 CPC bars the second suit challenging the second sale deed
  2. 2 Whether the cause of action in the two suits is identical
  3. 3 Whether different limitation periods under Article 109 of the Limitation Act prevent application of Order II Rule 2

Ratio Decidendi

The Court held that both suits arose from the same cause of action because the factual matrix and bundle of essential facts were identical and the second sale deed existed at the time the first suit was instituted; therefore under Order II Rule 2 CPC the plaintiffs, having omitted to include the second sale transaction in the earlier suit, were barred from instituting the second suit; differing limitation periods under Article 109 did not negate the bar; accordingly the High Court judgment was set aside and the appeal allowed.

Court Disposition

Appeal allowed; judgment of the High Court set aside

Orders

  • Appeal allowed and judgment of the High Court dated 31.08.2012 set aside
  • Parties to bear their respective costs