Bar to Suit -- CPC Order 2 Rule 2 -- No Separate Appellate Remedy Against Order Rejecting Application -- Correctness to be assailed in appeal against decree
(i) Civil Procedure Code, 1908, O.2 R.2, S.105 -- Order II Rule 2 -- No Separate Appellate Remedy Against Order Rejecting Application -- There is no provision in the Code providing a separate appellate remedy against an order rejecting an application under Order II Rule 2. Correctness of such an order is to be assailed in an appeal against the decree, and the contention that dismissal of the application operates as a bar to re-agitating the issue is misconceived. (ii) Civil Procedure Code, 1908, O.2 R.2 -- Order II Rule 2 -- Omission to Claim Available Relief -- Where a plaintiff omits to claim a relief to which he is entitled on the same cause of action, he is precluded from instituting a subsequent suit in respect of the omitted relief. (iii) Civil Procedure Code, 1908, O.2 R.2, S.11 -- Order II Rule 2 -- Subsequent Suit on Substantially Identical Cause of Action -- Where the cause of action and subject matter in a subsequent suit are substantially identical to an earlier suit, and the foundational facts giving rise to the claim, namely entitlement to the property, already existed at the time of the earlier suit, a subsequent suit for declaration of ownership and recovery of possession of the same property between the same parties is barred under Order II Rule 2 and Section 11 of the Code.
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