When does Order 2 Rule 2 CPC bar a later suit?

Only if both suits spring from the same cause of action and the earlier plaint is produced to prove identity of causes and omitted relief.

Are possession and mesne profits the same cause of action?

Not necessarily. It depends on pleadings. The party alleging the bar must prove sameness by producing the earlier plaint.

Who carries the burden to prove the Order 2 Rule 2 bar?

The defendant who pleads the bar. They must file the earlier plaint to establish identical cause of action.

What did the Supreme Court decide here?

Without the earlier plaint on record, the O2R2 plea fails. The Court refused to entertain a plea resting on a non-produced former pleading.

Gurbux Singh v. Bhooralal

Supreme Court of India 1964 AIR 1964 SC 1810; 1964 SCR (7) 831 Civil Procedure 6–8 min read

Author: Gulzar Hashmi • India

Primary: Order 2 Rule 2 CPC, Cause of Action, Mesne Profits

Secondary: Burden of Proof, Prior Plaints, Possession Suits

Published: 22 Oct 2025

Slug: gurbux-singh-v-bhooralal-1964

Quick Summary

Main point: A defendant who pleads Order 2 Rule 2 CPC must produce the earlier plaint and show that both suits rest on the same cause of action. Without that document, the plea fails. In this case on possession and mesne profits, the Supreme Court held that a bar under O2R2 cannot be inferred unless the previous pleadings are on record and prove identity of causes.

Issues

Are possession and mesne profits suits founded on the same cause of action?
Is the present suit barred by Order 2 Rule 2 CPC?

Rules

Essentials of O2R2 bar: Defendant must file the earlier plaint; court compares causes of action and omitted reliefs.
Same cause test: Look at the substance of allegations and the legal relationship invoked for relief.
No production, no bar: A plea resting on an earlier pleading cannot succeed if that pleading is not produced.

Facts (Timeline)

Bhooralal sued for possession of property and for mesne profits, claiming ownership and wrongful occupation by Gurbux Singh.

He referred to an earlier suit (by him and his mother) seeking mesne profits for the same property.

Singh pleaded a technical bar under Order 2 Rule 2 CPC in his written statement.

Trial court assumed prior pleadings were part of the record, though they were not produced.

Dispute reached the Supreme Court on whether O2R2 barred the suit.

Timeline: prior mesne profits suit, later possession suit, O2R2 plea, Supreme Court ruling

Arguments

Appellant (Singh)

Current claim is hit by O2R2 due to earlier mesne profits suit for same property.
Both suits allegedly arise from the same cause of action.

Respondent (Bhooralal)

Bar cannot be applied without the earlier plaint being produced.
Reliefs and underlying allegations are not identical on the record.

Judgment (Held)

The Supreme Court held that the earlier plaint was not on record. A plea under Order 2 Rule 2 cannot succeed unless the defendant produces that plaint and proves identity of the cause of action. The Court refused to entertain a bar based on a non-produced pleading. Substance of allegations and the legal relationship claimed are decisive—mere assertions are not. The appeal failed.

Judgment focus: produce previous plaint to prove O2R2 bar

Ratio Decidendi

Burden to prove O2R2 lies on the party raising it; they must file the earlier plaint.
Identity of causes is tested by the substance of allegations and legal relationship, not labels alone.

Why It Matters

Stops defendants from using bare technical pleas to short-circuit trials. Courts need the earlier plaint to compare causes of action; without it, the O2R2 defence collapses.

Key Takeaways

No earlier plaint on record → no O2R2 bar.
“Same cause of action” is a substantive test, not a formal one.
Possession and mesne profits may be distinct depending on pleadings.

Mnemonic + 3-Step Hook

Mnemonic: PLAINT or NO RESTRAINT

Produce the earlier plaint.
Prove same cause (facts + legal tie).
Then O2R2 may bite; otherwise, it won’t.

IRAC Outline

Issue: Does O2R2 bar the suit for possession/mesne profits based on an earlier mesne profits suit?

Rule: Bar arises only if earlier plaint is produced and shows the same cause of action and omitted relief.

Application: Earlier pleadings were not part of the record; identity not proved.

Conclusion: O2R2 plea fails; appeal dismissed.

Glossary

Order 2 Rule 2 CPC: Prevents splitting a claim from the same cause of action across multiple suits.
Mesne Profits: Compensation for wrongful possession and use of property.
Cause of Action: The bundle of essential facts that gives a person the right to sue.