Case :- MISC. BENCH No. - 2198 of 2012
Petitioner :- M/S.Roxy Petrochem Pvt.Ltd.Delhi Through Its Director
Respondent :- U.P.Financial Corporation Limited Kanpur Through M.D.&
Ors.
Petitioner Counsel :- S.B.Pandey
Respondent Counsel :- Prashant Kumar
September 07, 2012
ReplyDeleteCIVIL APPEAL No . 6372 of 2012
( Arising out of SLP (Civil) 1088 of 2010)
Civil Procedure Code, 1908 - Order II Rule 2 - Suit to include the whole claim - The Rule engrafts a laudable principle that discourages/prohibits vexing the defendant again and again by multiple suits except in a situation where one of the several reliefs, though available to a plaintiff, may not have been claimed for a good reason. A later suit for such relief is contemplated only with the leave of the Court which leave, naturally, will be granted upon due satisfaction and for good and sufficient reasons. Order II Rule 2 of the CPC seeks to avoid multiplicity of litigations on same cause of action. If that is the true object of the law the same would not stand fully subserved by holding that the provisions will apply only if the first suit is disposed of and not in a situation where the second suit has been filed during the pendency of the first suit. Rather, Order II, Rule 2 of the CPC will apply to both the aforesaid situations.