Earlier suit seeking a decree for declaration of right and title of plaintiffs - Subsequent suit claiming recovery of possession - Not barred as cause of action in both suits not same - O. 2, R. 2 not applicable in such case.

Citation

AIR 2004 SUPREME COURT 1761

SUPREME COURT

(From : Kerala)*

DORAISWAMY RAJU , J. and DR . ARIJIT PASAYAT , J.

Civil Appeal No. 838 of 2004 (arising out of SLP (Civil) No. 7653 of 2002), D/- 6 - 2 - 2004

Kunjan Nair Sivaraman Nair Appellant v. Narayanan Nair and others Respondents.

(A)Civil P.C. (5 of 1908), O.2 R.2 - Cause of action - Earlier suit seeking a decree for declaration of right and title of plaintiffs to plaint schedule property and their possession - Title of plaintiffs upheld but prayer for injunction was rejected as possession was not found - Subsequent suit claiming recovery of possession - Not barred as cause of action in both suits not same - O. 2, R. 2 not applicable in such case. (Para 21)