STATE BANK OF INDIA versus GRACURE PHARMACEUTICALS LTD.

STATE BANK OF INDIA versus GRACURE PHARMACEUTICALS LTD.

The facts giving rise to the subsequent suit existed on the date of filing the earlier suit; no fresh cause of action arose between the two suits. Damages sought in the later suit could have been claimed in the earlier suit. The respondent was not entitled to split the cause of action by filing separate suits and, having relinquished certain reliefs at the time of the first suit, could not file a subsequent suit. The High Court erred in reversing the District Court's order.

Parties
Appellant: State Bank of India; Respondent: Gracure Pharmaceuticals Ltd.
Jurisdiction
India
Judgment Date
22 November 2013
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal allowed; judgment of High Court set aside.
Legal Topics
Order II Rule 2 CPC, Bar of Suit, Splitting of Claim, Relief, Cause of Action
Civil Procedure Order II Rule 2 CPC Bar of Suit Splitting of Claim Relief Cause of Action

Case Brief

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Parties

State Bank of India

Appellant

Gracure Pharmaceuticals Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether a plaintiff can split a cause of action and file separate suits for available reliefs
  2. 2 Applicability of Order II Rule 2 CPC to the facts of the case

Ratio Decidendi

The facts giving rise to the subsequent suit existed on the date of filing the earlier suit; no fresh cause of action arose between the two suits. Damages sought in the later suit could have been claimed in the earlier suit. The respondent was not entitled to split the cause of action by filing separate suits and, having relinquished certain reliefs at the time of the first suit, could not file a subsequent suit. The High Court erred in reversing the District Court's order.

Court Disposition

Appeal allowed; judgment of High Court set aside.

Orders

  • Judgment of High Court set aside
  • No order as to costs