SANJOGATA RANI Vs. SANJEEV KUMAR

JUDGEMENT

(1.) Present revision petition under Art. 227 of the Constitution of India for setting aside order dated 12.11.2014 passed by Additional Civil Judge [Senior Division], Karnal whereby application under Order 7, Rule 11 Code of Civil Procedure for rejection of the plaint filed by the present petitioner was dismissed.

(2.) Learned counsel for the petitioner submitted that the present suit is barred under Order 2, Rule 2 Code of Civil Procedure because the plaintiff had earlier filed a suit for permanent injunction on the same cause of action and subsequently that suit has been made the basis for filing the present suit for Specific performance.

(3.) Learned counsel for the petitioner further submitted that the plaintiff could file a suit for Specific Performance when the suit for permanent injunction was filed by him. More so, the petitioner had denied execution of agreement of sale, but the Court below has totally ignored this fact while passing the order under challenge. Reliance was placed upon the judgments of Honourable Supreme Court in Virgo Industries [Eng.] Private Limited Vs. Venturetech Solutions Private Limited; (2013) 1 SCC 625 and Church of Christ Charitable Trust and Educational Charitable Society represented by its Chairman Vs. Ponniamman Educational Trust represented by its Chairperson/Managing Trustee, (2012) 8 SCC 706 wherein 'cause of action' has been defined as meaning simply a factual situation existence of which entitles one person to obtain from the Court a remedy against another person. Honourable Apex Court also observed that such a litigation is barred under Order 2, Rule 2 Code of Civil Procedure to avoid multiplicity of litigation on the same cause of action. On the same point, reliance was also placed upon the decision of Honourable Delhi High Court in Sucha Singh Sodhi [Deceased] through Lrs Vs. Baldev Raj Walia and another, 2014(17) R.C.R. [Civil] 425 and two decisions of this Court in HDFC Bank Limited Vs. M/s Gee Kay International and others 2012(3) PLR 546 ; and Vipan Kumar Tyagi Vs. Sukhdev Singh and another 2014(4) R.C.R. [Civil] 524.