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    <title>2012 (9) TMI 808 - Supreme Court</title>
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    <description>Order II Rule 2 CPC bars a later suit for specific performance where the earlier injunction suit, based on the same agreements, already disclosed the full cause of action and showed grounds for seeking the additional relief. The plaintiff was required to claim all available reliefs on that cause of action or obtain leave to omit one; absent such leave, the later suit was not maintainable. The pendency of the earlier suits and the argument that specific performance had not yet matured did not avoid the statutory bar, because a plaintiff need not always wait for the due date where the defendant&#039;s conduct indicates an intention not to perform. The later plaints were struck off.</description>
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    <pubDate>Fri, 07 Sep 2012 00:00:00 +0530</pubDate>
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      <title>2012 (9) TMI 808 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=217000</link>
      <description>Order II Rule 2 CPC bars a later suit for specific performance where the earlier injunction suit, based on the same agreements, already disclosed the full cause of action and showed grounds for seeking the additional relief. The plaintiff was required to claim all available reliefs on that cause of action or obtain leave to omit one; absent such leave, the later suit was not maintainable. The pendency of the earlier suits and the argument that specific performance had not yet matured did not avoid the statutory bar, because a plaintiff need not always wait for the due date where the defendant&#039;s conduct indicates an intention not to perform. The later plaints were struck off.</description>
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      <pubDate>Fri, 07 Sep 2012 00:00:00 +0530</pubDate>
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