Trace Your Case

ISSUE:

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.

RULE:

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.

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