Cause of action for relief of declaration and for the relief of possession of immoveable property are different - Order II Rule 2 of CPC does not apply while earlier suit is still pending and applies only after earlier suit has been disposed of

Citation

AIROnline 2018 Del 2960

DELHI HIGH COURT

RAJIV SAHAI ENDLAW , J.

CS(OS) - 1134 of 2008 D/- 26 - 5 - 2017

SHYAM SAHNI v. SARABJIT PRAKASH AND ORS.

Civil P.C. (5 of 1908), O.2 R.2 - Applicability of O.2 R.2 - Cause of action for relief of declaration and for the relief of possession of immoveable property are different - Order II Rule 2 of CPC

does not apply while earlier suit is still pending and applies only after earlier suit has been disposed of. (Para 45)