In Brief
The Supreme Court held that when a plaintiff challenges two successive alienations of ancestral property by the same transferor to the same transferee, the second suit is barred by Order II Rule 2 of the Code of Civil Procedure if both alienations arose from the same cause of action. The plaintiff had challenged the first sale deed (dated 21 January 1959) in one suit and the second sale deed (dated 11 February 1959) in a second suit filed years later. Since both sales stemmed from the plaintiff's claim that the father alienated ancestral joint family property without legal necessity and for wasteful purposes, they constituted a single cause of action. The Court held that the plaintiff should have challenged both sales in the first suit. The different limitation periods under Article 109 of the Limitation Act do not affect the application of Order II Rule 2.
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