Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11,11(d),O.II,r.2,2(3),2(2)

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11,11(d),O.II,r.2,2(3),2(2)

Law: Limitation Act, 1908

Section: 120,115,65

(a) Civil Procedure Code (V of 1908)-------O. II, R. 2, O.VII & R.11---Specific Relief Act (I of 1877), S.42---Suit for declaration and damages---Filing of second suit---Splitting up claims---Rejection of plaint---Pending earlier suit, plaintiff filed another (present) suit wherein same cause of action was disclosed which was the basis of earlier suit, but reliefs sought in each of the two suits were different---Provisions of O.II, R.2, C.P.C., provided that plaintiff was not allowed to seek a relief in subsequent suit which he could have sought in the earlier suit---Commonality of cause of action in the subsequent suit would bar its maintainability and the fact that reliefs sought in both the suits were different, were of no legal consequence---Present suit being subsequent to earlier suit and based on same cause of action, was not maintainable under provisions of O.II, R.2, C.P.C.---Rule 2 of O.II, C.P.C. was devised to prevent a party from splitting up its claims and remedies arising out of same cause of action against same party---Where a plaintiff complained of breach of a contract, commitment or obligation, then several reliefs arising out of such breach, could not be allowed to be split up so as to seek remedy in more than one proceedings---Object was to prevent a plaintiff to initiate multiple proceedings against a defendant on the basis of same cause of action; and in case he had omitted to seek any relief in one proceedings, then he, in terms of O.II, R.2, C.P.C., was estopped from seeking the relief so omitted in subsequent proceedings---Bar under O.II, R.2, C.P.C. as well as the fact that reliefs sought in the suit were also barred by time, no useful purpose would be served to try the suit---Plaint was rejected under O.VII, R.11, C.P.C. in circumstances. AIR 1933 Lah. 270; AIR 1940 Cal. 29; 1992 MLD 1196 and 2004 YLR 373 rel. (b) Contract Act (IX of 1872)--- ----Ss. 201 & 203---Specific Relief Act (I of 1877), S.42---Power of attorney---Revocation by principal---Scope---Suit for declaration---Plaintiff was only authorized to act as representative of defendant under power of attorney---Plaintiff, in circumstances was to act at the pleasure of…

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