In Brief
Sucha Singh filed a suit for permanent injunction against a seller who threatened to evict him from purchased property. Singh later sought to withdraw that suit and file a fresh suit for specific performance of the sale agreement. The defendant objected, claiming this violated Order 2 Rule 2 CPC, which bars claiming relief that could have been claimed in a previous suit. The Supreme Court allowed the appeal, holding that permanent injunction and specific performance are separate causes of action governed by different limitation provisions, so the bar did not apply. The plaintiff's statement at withdrawal—coupled with court permission to withdraw—sufficed to allow a fresh suit.
The lawyer headnote and full judgment text are available to registered users.