In Brief
A warehouse licensee appealed against a High Court decision allowing the licensor to file a second commercial suit for recovery of unpaid storage charges and damages despite having filed an earlier suit for possession. The Supreme Court held that the second suit was maintainable because: (1) the licensor had explicitly reserved its rights for damages and storage charges in the first suit's plaint; (2) it obtained formal leave from the Trial Court to file separately under the CPC; and (3) suits for possession and damages constitute distinct causes of action. The Court dismissed the appeal, finding no legal infirmity in the High Court's judgment and emphasizing that neither relinquishment nor omission had occurred.
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