VED PAL Vs. VIJAY PAL AND OTHERS

JUDGEMENT

(1.) The present revision petition is directed against the order dated 12.1.2017 whereby an application moved by the petitioner-defendant, at the stage of evidence, for rejection of the plaint on the premise that it was hit by the provisions of Order 2 Rule 2 CPC has been dismissed.

(2.) Mr.Bikram Chaudhary, learned counsel appearing for the petitioner submitted that the respondent-plaintiff, prior to the filing of the suit, claiming declaration and possession of the suit property, had earlier filed a suit for permanent injunction against the petitioner. The relief sought in the present suit could be availed in the previous suit and, therefore, the provisions of Order 2 Rule 2 CPC are directly applicable but the Court below has rejected the plea by giving a finding on merits.

(3.) Mr.Abhinav Sood, learned counsel appearing for the respondents submitted that the previous suit was for a simplicitor injunction which was always based upon recurring cause of action and, therefore, the present suit is not barred by the provisions of Order 2 Rule 2 CPC.