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that the suit was barred in terms of Order II Rule 2 of the Code. The Trial Court framed ... action. Order II Rule 2 with its sub rules and illustration reads as follows: "2. Suit to include the whole
Supreme Court of India
- Cites 10 - Cited by 46 - A Pasayat
Rule 2 has been kept out by Order XXXIV Rule 14 of the Code. Rule 15 of Order XXXIV makes ... suit notwithstanding anything contained in Order II Rule 2. 2) Nothing in sub-rule (1) shall apply to any territories
Supreme Court of India
- Cites 2 - Cited by 14 - P Balasubramanyan
Fida Ali Khan, since deceased, is barred by Order II, Rule 2, of the Code of Civil Procedure, 1908. Both ... plea that the suit was barred under Order II, Rule 2, Civil Procedure Code. 41. Their Lordships are satisfied that
Bombay High Court
- Cites 9 - Cited by 10 -
(1949) 51 BOMLR 9
- M Nair
question as to the construction of Order II, Rule 2, an enactment peculiar to Indian Law and an enactment ... event, whatever be the true effect of Order II, Rule 2, he cannot go to that length
Madras High Court
- Cites 2 - Cited by 6 -
(1925) ILR 38 Mad 703
- M C Trotter
reasons that the suit is barred under Order II, Rule 2 of the Civil P.C. and Section ... defendants. Defendants pleaded bar under Order II, Rule 2 of the Civil P.C. and Section 34 of the Specific
Kerala High Court
- Cites 15 - Cited by 4 -
AIR 1990 Ker 112
- S Padmanabhan
former suit. Sub-rule (2) of Rule 2 of Order II says "Every suit shall include the whole ... action, seems to offend against Sub-rule (2) of Rule 2 of Order II. But even though this
Bombay High Court
- Cites 13 - Cited by 3 -
(1942) 44 BOMLR 819
- Macklin
2 as preliminary issues? (ii) Whether the present suit of the plaintiffs is barred by Order II, Rule ... rules and illustration below it read as under: 2. Suit to include the whole claim. (1) Every suit shall include
Bombay High Court
- Cites 32 - Cited by 2 -
(2003) 105 BOMLR 547
- A Shah
Order II, Rule 2, CPC. In order that a plea of a bar under Order II, Rule 2(3) should ... such relief, the present suit is barred under Order II, Rule 2, CPC; and (3) that admittedly a major portion
Andhra High Court
- Cites 32 - Cited by 1
suit is also barred by the provisions of Order II, Rule 2 of the Civil Procedure Code ... suit is barred by the provisions of Order II, Rule 2 of Civil Procedure Code, in view of the earlier
Bombay High Court
- Cites 13 - Cited by 1 -
(2002) ILLJ 453 Bom
justice". It is said that the principle underlying Order Ii Rule 2 Civil Procedure Code applies to arbitration and that ... says that on the principle of Order Ii Rule 2 Civil Procedure Code these disputes cannot be referred to arbitration
Delhi High Court
- Cites 17 - Cited by 1 -
AIR 1982 Delhi 230
- A B Rohatgi
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