Summary
A plea that a later suit is barred by Order II Rule 2 CPC cannot ground rejection of the plaint under Order VII Rule 11(d). Order II Rule 2 does not make a suit 'barred by any law'; it only stops the plaintiff from suing for omitted or relinquished claims or reliefs, which the defendant must prove by evidence after comparing the two plaints. The High Court's rejection of the plaint in the second suit was set aside and the trial court's order restored.
Issues
- Whether a plaint can be rejected under Order VII Rule 11(d) CPC on the ground that the suit is barred by Order II Rule 2 CPC.
- Whether the High Court, in revision, rightly rejected the plaint in a suit challenging a power of attorney by treating its cause of action as the same as that of an earlier injunction suit.
Provisions considered
- Order VII Rule 11(d), Code of Civil Procedure, 1908Quoted. A plaint is rejected only if, on a meaningful reading of the plaint and its annexed documents, the suit appears barred by some law, expressly or impliedly (e.g. Section 34 of the SARFAESI Act); the written statement or other defence material cannot be considered. (¶¶ 4, 4.1, 5.17, 5.19, 5.21)
- Order VII Rule 13, Code of Civil Procedure, 1908Quoted. Rejection of a plaint does not of itself preclude a fresh plaint on the same cause of action; noted to contrast rejection of the plaint with the curtailment of the right to sue under Order II Rule 2. (¶¶ 4, 5.19)
- Order II Rules 1 and 2, Code of Civil Procedure, 1908Quoted. Rule 2 requires the whole claim on a cause of action to be included and bars a later suit for omitted or relinquished claims or reliefs on the same cause of action. The defendant must prove the bar, and it does not make the suit 'barred by any law'. (¶¶ 5, 5.1, 5.2, 5.4, 5.7, 5.9, 5.12, 5.15, 5.18, 5.20, 5.21, 7)
- Section 115, Code of Civil Procedure, 1908The defendants' civil revision against the trial court's refusal to reject the plaint was filed under this provision; the High Court's allowing of it was held unjustified. (¶¶ 8, 8.1)
Held
- Under Order VII Rule 11(d), whether a suit is barred by any law is decided only on a meaningful reading of the whole plaint and the documents annexed to it. The defendant's written statement or other material cannot be looked at, and a plaint cannot be rejected in part. (¶¶ 4.1, 5.17)
- Order II Rule 2 is aimed at multiplicity of suits and applies only where the later suit rests on the same cause of action as the earlier one. The defendant must show identity of cause of action, the plaintiff's entitlement to more than one relief on it, and omission of the relief without leave. The earlier plaint must be produced in evidence, and the technical bar cannot be inferred. If the right to the later relief did not exist when the first suit was filed, or the causes of action are distinct even though arising from the same transaction, the bar does not apply. (¶¶ 5.4, 5.7, 5.8, 5.9, 5.11, 5.12)
- Order II Rule 2 does not bar the filing of a suit; sub-rules (2) and (3) only stop the plaintiff from suing for relinquished claims or omitted reliefs. Order VII Rule 11(d) concerns a suit barred by law from being filed. Applying Order II Rule 2 can lead to refusal of reliefs, or sometimes dismissal of the suit after evidence, but never to rejection of the plaint under Order VII Rule 11(d). (¶¶ 5.13, 5.18, 5.19, 5.20, 5.21, 7)
- N.V. Srinivasa Murthy v. Mariyamma, where the later suit was in substance barred by limitation, and SBI v. Gracure Pharmaceuticals, where rejection was possibly under clause (a), were distinguished. (¶¶ 6, 6.1.2, 6.2.1)
- The High Court erred in comparing the second plaint with the first as if the averments were evidence, going into the merits and the release deeds, and concluding that the causes of action were the same. That exercise belongs to a trial on an Order II Rule 2 plea, not to an application under Order VII Rule 11(d). (¶¶ 8, 8.1)
Result
Appeal allowed; the High Court's order dated 11.07.2019 set aside and the trial court's order dated 24.06.2013 in O.S. No. 2320 of 2013 (dismissing the Order VII Rule 11 application and granting interim injunction) restored along with the plaint; observations not to bear on the merits of the suit; parties to bear their own costs.