Suit for Possession Archives

Supreme Court breaks down Order II Rule 2 of CPC, discusses general principles underlying its operation

“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”

Case Briefs Supreme Court

Non-impleading of all legal representatives won’t abate the suit if the estate of the deceased is substantially represented by other defendants

Placing its reliance on Bhurey Khan v Yaseen Khan 1995 Supp (3) SCC 331, the Bench stated that the suit will not abate for the reason of non-substitution of all legal representatives of the deceased if the suit was substantially represented.

Case Briefs High Courts

Bom HC | Permissive possession different from adverse possession; Cause of action arises to plaintiff only when defendant sets up adverse title

Bombay High Court: S.C. Gupte, J., dismissed a second appeal filed against the orders of courts below where the suit filed by the

Case Briefs High Courts

HP HC | Jurisdiction of First Appellate Court is wide and akin to that of trial court – can appreciate findings of fact and law and appreciate entire evidence

Himachal Pradesh High Court: The Bench of Tarlok Singh Chauhan, J. allowed an appeal challenging the judgment of first appellate court whereby

Case Briefs High Courts

Disallowing to finish the construction of a portion of a complete building serves no purpose: Punjab and Haryana HC

Punjab and Haryana High Court: A Single Judge Bench comprising of Anil Kshetarpal, J. disposed of a revision petition by allowing construction