https://www.taxtmi.com/caselaws?id=312712 Order II Rule 2 CPC bars a subsequent suit on an omitted claim from the same cause of action, but it does not prevent amendment of pleadings in a pending specific performance suit to enhance an alternative damages claim. Constructive res judicata requires prior adjudication and therefore does not apply at the amendment stage in the same suit. Amendment may be permitted under the liberal pleadings approach where it is needed to resolve the real controversy, does not alter the nature of the suit, and does not introduce a wholly time-barred case or irremediable prejudice; limitation may be tried as an issue. The earlier decision on impleadment and the Specific Relief Act provisions were treated as consistent with this approach. en-us Thu, 01 Sep 2022 00:00:00 +0530 Mon, 04 Mar 2024 09:16:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312712 Order II Rule 2 CPC bars a subsequent suit on an omitted claim from the same cause of action, but it does not prevent amendment of pleadings in a pending specific performance suit to enhance an alternative damages claim. Constructive res judicata requires prior adjudication and therefore does not apply at the amendment stage in the same suit. Amendment may be permitted under the liberal pleadings approach where it is needed to resolve the real controversy, does not alter the nature of the suit, and does not introduce a wholly time-barred case or irremediable prejudice; limitation may be tried as an issue. The earlier decision on impleadment and the Specific Relief Act provisions were treated as consistent with this approach. Case-Laws Indian Laws Thu, 01 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312712