⚖️ LEGAL LEARNING — SHRI GANPATI JURISTS ⚖️
Topic: Bar on Second Suit for Specific Performance under
Order 2 Rule 2 CPC
📌 Key Takeaway:
A party cannot file a second suit for specific performance if the cause of action already existed at the time of the first suit, and they knowingly omitted that relief.
📚 LEGAL PRINCIPLES:
🔹 Order 2 Rule 2 CPC
• Prevents splitting of claims and filing multiple suits on the same cause of action.
• All reliefs arising from the same transaction must be claimed in one proceeding.
🔹 Specific Performance of Contract
• If the plaintiff was aware of the breach and failed to seek specific performance in the first suit, a second suit claiming the same is barred.
🧾 CASE INSIGHT:
• First Suit: Plaintiff filed for injunction, aware of breach but didn’t claim specific performance.
• Second Suit: Filed later for specific performance.
• Held: Second suit is barred under Order 2 Rule 2 CPC as cause of action already existed and was consciously omitted.
📌 Supreme Court emphasized:
“Litigants cannot be permitted to litigate piecemeal. The object of Order 2 Rule 2 is to ensure all claims from one transaction are decided together.”
💡 RELIEF GRANTED:
Despite the bar, in the interest of justice and passage of time, directed refund of ₹2 Crores as compensation in lieu of ₹25,000/- earnest money.
✅ Moral: Don't delay or divide your legal claims. Seek comprehensive relief in your first suit.
Shri Ganpati Jurists to stay legally empowered.
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