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    <title>2013 (11) TMI 1747 - SUPREME COURT OF INDIA</title>
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    <description>A subsequent suit for damages was barred under Order 2 Rule 2 CPC where the omitted relief arose from the same cause of action as the earlier suit and was available when that suit was filed. The court held that a plaintiff must claim the whole cause of action in one proceeding unless leave is obtained, and a later suit cannot split an existing claim into separate litigation when no fresh cause of action intervened. The plaint was therefore liable to rejection under Order 7 Rule 11, the appeal succeeded, the High Court&#039;s order was set aside, and the District Court&#039;s rejection of the plaint was restored.</description>
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    <pubDate>Fri, 22 Nov 2013 00:00:00 +0530</pubDate>
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      <title>2013 (11) TMI 1747 - SUPREME COURT OF INDIA</title>
      <link>https://www.taxtmi.com/caselaws?id=280982</link>
      <description>A subsequent suit for damages was barred under Order 2 Rule 2 CPC where the omitted relief arose from the same cause of action as the earlier suit and was available when that suit was filed. The court held that a plaintiff must claim the whole cause of action in one proceeding unless leave is obtained, and a later suit cannot split an existing claim into separate litigation when no fresh cause of action intervened. The plaint was therefore liable to rejection under Order 7 Rule 11, the appeal succeeded, the High Court&#039;s order was set aside, and the District Court&#039;s rejection of the plaint was restored.</description>
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      <pubDate>Fri, 22 Nov 2013 00:00:00 +0530</pubDate>
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