Supreme Court of India
Sucha Singh Sodhi (d) Thr. Lrs. v. Baldev Raj Walia & Anr.
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What the Court ordered
In view of the foregoing discussion, we cannot concur with the reasoning and the conclusion arrived at by the Trial Cou rt and the High Court which wrongly allowed the application filed by respondent No.2 (defendant No.2) under Order 7 Rule 11 of the Code a nd, in SUCHA SINGH SODHI (D) THR. LRS. v.
Judgment, page 12
From the headnote
Code of Civil Procedure, 1908: O.II, r.2 – Suit to include the whole claim – On facts, first suit seeking injuncti on by original plaintiff against respondent no 1 withdrawn with the le ave of the court – Later suit for specific performance filed b y the original plaintiff – Respondent objected to the same, invoking O.I I, r.2 that relief of specific performance ought to have been c laimed along with relief of injunction in earlier suit which was withdr awn – Both the trial court and High Court dismissed the suit as bein g barred u/ O.II, r. 2 – On appeal, held: Trial court and the High Court
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