https://www.taxtmi.com/caselaws?id=299484 A plea of bar under Order 2 Rule 2 CPC can succeed only if the defendant proves the plaint in the earlier suit, enabling the Court to compare the causes of action and determine identity between the two suits; it cannot rest on inference or conjecture. Where the earlier plaint is not proved on record, the bar cannot be sustained. The document also notes that the eviction claim based on erection of a permanent structure required fresh merits consideration because the High Court had not examined that ground after disposing of the matter mainly on the Order 2 Rule 2 objection. The suit-bar finding was set aside and the eviction revision remitted for reconsideration. en-us Tue, 21 Feb 2017 00:00:00 +0530 Thu, 16 Dec 2021 09:00:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299484 A plea of bar under Order 2 Rule 2 CPC can succeed only if the defendant proves the plaint in the earlier suit, enabling the Court to compare the causes of action and determine identity between the two suits; it cannot rest on inference or conjecture. Where the earlier plaint is not proved on record, the bar cannot be sustained. The document also notes that the eviction claim based on erection of a permanent structure required fresh merits consideration because the High Court had not examined that ground after disposing of the matter mainly on the Order 2 Rule 2 objection. The suit-bar finding was set aside and the eviction revision remitted for reconsideration. Case-Laws Indian Laws Tue, 21 Feb 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299484