https://www.taxtmi.com/caselaws?id=194949 A suit cannot be rejected on Order 2 Rule 2 unless the defendant specifically pleads the bar, the court frames an issue, and the earlier pleadings and materials show that both suits arise from the same cause of action. The Court also treated constructive res judicata as unavailable without a clear plea and identification of the matter that ought to have been raised earlier. It further held that disputed facts and allegations of wrongful conduct cannot justify dismissal at the preliminary stage without trial, evidence, and cross-examination. The suit was therefore restored for decision in accordance with law. en-us Mon, 27 Sep 2010 00:00:00 +0530 Tue, 08 Aug 2023 15:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194949 A suit cannot be rejected on Order 2 Rule 2 unless the defendant specifically pleads the bar, the court frames an issue, and the earlier pleadings and materials show that both suits arise from the same cause of action. The Court also treated constructive res judicata as unavailable without a clear plea and identification of the matter that ought to have been raised earlier. It further held that disputed facts and allegations of wrongful conduct cannot justify dismissal at the preliminary stage without trial, evidence, and cross-examination. The suit was therefore restored for decision in accordance with law. Case-Laws Indian Laws Mon, 27 Sep 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194949