https://www.taxtmi.com/caselaws?id=168155 A plea under Order II Rule 2(3) CPC is a technical bar and succeeds only if the defendant proves that the later suit and the earlier suit arose from the same cause of action, that the plaintiff was entitled to more than one relief on that cause of action, and that one relief was omitted without leave. The earlier plaint must be produced on record because the precise cause of action in the former suit cannot be assumed from references in the later plaint. In the absence of the earlier pleadings, the court cannot speculate on the factual foundation of the omitted relief, so the bar was not established and the remand order stood. en-us Wed, 22 Apr 1964 00:00:00 +0530 Fri, 23 Jan 2015 14:11:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168155 A plea under Order II Rule 2(3) CPC is a technical bar and succeeds only if the defendant proves that the later suit and the earlier suit arose from the same cause of action, that the plaintiff was entitled to more than one relief on that cause of action, and that one relief was omitted without leave. The earlier plaint must be produced on record because the precise cause of action in the former suit cannot be assumed from references in the later plaint. In the absence of the earlier pleadings, the court cannot speculate on the factual foundation of the omitted relief, so the bar was not established and the remand order stood. Case-Laws Indian Laws Wed, 22 Apr 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168155