Inbasagaran v. S. Natarajan

Core idea: Order 2 Rule 2 CPC bars a later suit only if both suits arise from the same cause of action and the plaintiff omitted a relief earlier. Here, an injunction suit (to stop forcible dispossession) and a later specific performance suit (to enforce the sale agreement) were not identical. The Supreme Court also reminded that in a first appeal, the High Court must decide all formulated points. It remanded the case for proper findings.

• Is the High Court’s judgment sustainable on facts and law?
• Is the specific performance suit barred by Order 2 Rule 2 CPC?

• Order 2 Rule 2 CPC: Later suit is barred only when both suits and reliefs are rooted in the same cause of action.
• First appeal duty: The High Court, as the final fact court, must return findings on every point it frames.

The Supreme Court held that the two suits were not the same. The injunction suit arose from a threat of dispossession; the specific performance suit arose when enforcement of the sale agreement became necessary. There was no intentional relinquishment. The High Court’s decision was set aside and the matter remanded to record findings on all points it had framed.

• O2R2 bar applies only when both suits stem from the same cause of action; here they did not.
• In first appeals, the High Court must deliver findings on every formulated issue.

Helps litigants avoid prematurely clubbing distinct claims and confirms that appeal courts must deliver full, reasoned findings on all issues.

• Different triggers: injunction (possession threat) vs specific performance (contract enforcement).
• No intentional relinquishment shown → O2R2 not attracted.
• High Courts must give findings on each issue in first appeals.

Mnemonic: NEW TRIGGER → NEW SUIT

1. Ask: Is the cause of action the same?
2. If new trigger (e.g., contract enforcement later) → O2R2 usually no bar.
3. Appeal courts must decide all points framed.

Issue: Was the specific performance suit barred by O2R2, and was the High Court’s approach proper?

Rule: O2R2 bars later suits from the same cause of action; first-appeal court must decide all framed issues.

Application: Injunction and specific performance arose from different triggers; HC did not return findings on all points.

Conclusion: No O2R2 bar; HC order set aside; matter remanded for full findings.

Order 2 Rule 2 CPC

Bars splitting of claims from the same cause of action across multiple suits.

Specific Performance

Court order directing a party to perform a contract.

Permanent Injunction

A decree restraining a party from doing a particular act, e.g., forcible dispossession.