Suit for recovery on basis of 5 pronotes - consolidated legal notice issued for all the three promissory Note - 5 different suits filed - not barred by Order 2 Rule 2.

Citation 

AIR 2024 MADRAS 173

: AIROnline 2024 MAD 401 

(MADURAI BENCH)

K. MURALI SHANKAR, J. Balamurugan v. Mohanasundaravel.

C.R.P.(MD) No. 2406 of 2023, D/-20-2-2024. Civil P. C. (5 of 1908), O. 7 R. 11(d), O. 2 R. 2- Rejection of plaint - Bar under O. 2 R. 2-Suit for recovery on basis of pronotes Plaintiff had issued pre-suit notice demanding repayment of entire loan amount due under five different pronotes and it was consolidated legal notice - Plain- tiff had specifically averred borrowal and execution of pronotes on different dates gives separate cause of action for him to file suits and that issuance of consolidated pre-suit notice cannot be considered as single cause of action for filing suit for recovery - Since defendant had borrowed and executed pronotes five times, filing of five separate suit by plaintiff cannot be found fault with and there is no bar or pro- -hibition for same - Bar under O. 2 R. 2 of CPC would not be applicable - Refusal to reject plaint was proper.

AIR 2019 SC 2465, Distinguished.

(Paras 10, 15)