Whether the appellant is a necessary or proper party to the suit for specific performance filed by the first respondent?
When a third party neither claims any right or remedy against the first party in a suit for specific performance between the first and second party, the third party cannot be impleaded as a necessary or proper party.
Whether the leave granted to the plaintiffs is to be revoked?
The principal requirement to bring a suit within Rule 8 is “sameness of interest of the numerous persons on whose behalf or for whose benefit the suit is instituted” and not the sameness of cause of action. There must be a common interest or a common grievance which they seek to redress.
Whether the high court judgement is valid in law and facts?
Whether the suit is barred under Order 2, Rule 2 of the Code of Civil Procedure?
If the two suits and the relief claimed are based on the same cause of action, only the subsequent suit will be barred under Order 2 Rule 2.
The high court, being the final court of facts in a first appeal, is required to decide all the points formulated by it.
Whether a suit for possession of immovable property and a suit for the recovery of mesne profits from the same property are based on the same cause of action?
Whether the suit is barred by Order 2 Rule 2 of the Civil Procedure Code.
A plea of a bar under Order 2 Section 2 can be established only if the defendant filed in evidence the pleadings in the previous suit and thereby proved to the court the identity of the cause of action in the two suits.