Question

    A plaintiff files a suit for permanent injunction

    against the defendant. Subsequently, without obtaining leave of the court, the plaintiff files another suit for specific performance against the same defendant arising out of the same cause of action. The second suit will be:┬а
    A Maintainable as both reliefs are distinct Correct Answer Incorrect Answer
    B Barred under Order 2 Rule 2 of CPC Correct Answer Incorrect Answer
    C Maintainable only if filed within limitation period Correct Answer Incorrect Answer
    D Barred only if the first suit has been decided Correct Answer Incorrect Answer
    E Maintainable if the cause of action is different Correct Answer Incorrect Answer

    Solution

    Order 2 Rule 2 CPC mandates that a plaintiff must include the whole claim arising from the same cause of action in one suit to prevent splitting of claims. However, the Supreme Court recently clarified in Cuddalore Powergen Corporation Ltd v. M/s Chemplast Cuddalor Vinyls Limited (2025) that the bar under Order II Rule 2 does not apply when the subsequent suit is based on a different cause of action.

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