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:

Q: Answer-A plaintiff files a suit for permanent injunction against the defendant. Subsequently, without obtai...

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. Ms 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.