https://www.taxtmi.com/caselaws?id=286733 A later suit for specific performance was barred where the earlier injunction suit disclosed the same foundational facts and the claim for specific performance was already available, attracting Order II Rule 2 CPC. However, withdrawal of the earlier suit with liberty to file afresh under Order XXIII Rule 1(3)(b) was held wide enough to permit a fresh suit on the same subject matter, even if it included the specific performance claim. The appellate court therefore set aside dismissal of the plaint and directed the suit to proceed to trial on the remaining issues. en-us Fri, 22 Jul 2016 00:00:00 +0530 Fri, 13 Mar 2020 10:14:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286733 A later suit for specific performance was barred where the earlier injunction suit disclosed the same foundational facts and the claim for specific performance was already available, attracting Order II Rule 2 CPC. However, withdrawal of the earlier suit with liberty to file afresh under Order XXIII Rule 1(3)(b) was held wide enough to permit a fresh suit on the same subject matter, even if it included the specific performance claim. The appellate court therefore set aside dismissal of the plaint and directed the suit to proceed to trial on the remaining issues. Case-Laws Indian Laws Fri, 22 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286733