VidhiSangh

Supreme Court of India · 13/04/2018

SUCHA SINGH SODHI (D) THR. LRS. versus BALDEV RAJ WALIA & ANR.

[2018] 3 S.C.R. 324 · 2018 INSC 338

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored the specific-performance suit rejected under Order VII rule 11. On the pleaded facts, the earlier injunction suit concerned threatened dispossession and a distinct cause of action, so Order II rule 2 did not bar the later contractual claim. The withdrawal order, read with the plaintiff’s recorded intention to seek appropriate relief before the competent forum, also permitted the fresh suit. Merits were left for trial, preferably within one year.

Issues

  1. Whether omission of specific performance from the earlier possession-injunction suit attracted Order II rule 2.
  2. Whether the withdrawal order and recorded statement permitted a fresh suit.
  3. Whether the Supreme Court should decide the contract merits.

Provisions considered

Held

Result

Appeal allowed; rejection of plaint set aside and Order VII rule 11 application dismissed. Specific-performance suit restored for trial on merits, preferably within one year.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 324.