_edited.png)
The Supreme Court of India has ruled that Order II Rule 2 of the Code of Civil Procedure (CPC) does not preclude the filing of a second suit for relief that was not available or barred at the time of filing the first suit. The decision emphasizes that the bar under Order II Rule 2 applies only to claims that could and should have been included in the original suit but were omitted.
The court observed that a plaintiff cannot be penalized for failing to claim a relief that was legally unavailable or barred when the initial suit was instituted. It further clarified that the procedural provision of Order II Rule 2 CPC aims to prevent multiplicity of litigation and inconsistent decrees, but it does not prevent litigants from seeking remedies that were unattainable earlier due to legal or factual constraints.
This judgment arose from a case where the plaintiff sought a specific relief in a second suit after it became actionable following the disposal of the first suit. The opposing party contested the maintainability of the second suit, citing Order II Rule 2 CPC. The Supreme Court, however, dismissed the objection, underlining that the bar applies only to claims that ought to have been included in the original suit and were willfully omitted.
The ruling reinforces the principle of fairness in litigation and ensures that procedural rules do not obstruct substantive justice. It provides clarity on the application of Order II Rule 2 CPC and reaffirms that a litigant cannot be deprived of a remedy solely due to procedural technicalities.
This landmark judgment is expected to provide significant guidance in cases involving multiple claims and reliefs that evolve over time due to changes in circumstances or the resolution of prior legal barriers.
LinkedIn Link - https://www.linkedin.com/company/legal-soch-foundation/ 💼📚👩⚖
Telegram Link - https://t.me/+1-pfOBHo2a84MWRl
WhatsApp Link https://whatsapp.com/channel/0029VaT83EwJ3jv51opz