Supreme Court of India
Coffee Board v. M/s. Ramesh Exports Pvt. Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid discussion, we find that the High Court has misappreciated the facts in the light of Order 2 Rule 2 of the Code and thereby the reasoning of the High Court cannot be sustained in the eye of law.
Judgment, page 15
From the headnote
Code of Civil Procedure, 1908: c 0.2, r.2 - Suit to include the whole claim - Bar to subsequent suit on same cause of action - Held: 0.2, r.2 requires, if different reliefs and claims arise out of the same cause of action then the plaintiff must place all his claims before the court in one suit and cannot omit one of the reliefs or claims except without the leave of the court - Order 2 r.2 bars a plaintiff from omitting one part of claim and raising the same in a subsequent suit - Bar under 0. 2 r.2 must be specifically pleaded by· defendant in the suit and trial court should specifically
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Where later benches applied it
Of those, 1 referred to
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