Summary
A second suit challenging a father’s alienation of ancestral property was barred by Order II Rule 2 CPC where both sales to the same purchasers formed parts of one transaction and the relief against the second deed was available when the first suit was filed. Virtually identical pleadings founded both challenges on the same cause of action. Different sale dates and limitation periods did not avoid the bar. The Court did not decide constructive res judicata.
Issues
- Whether challenges to two sale deeds arose from one cause of action attracting Order II Rule 2 CPC.
- Whether different limitation periods or permissive joinder of causes of action prevented that bar.
Provisions considered
- Order II Rule 2(1)–(3), Code of Civil Procedure, 1908A plaintiff must include available claims and reliefs arising from the same cause of action; the omitted challenge to the second deed was barred. (¶¶ 25, 35–42)
- Order II Rule 3, Code of Civil Procedure, 1908Permissive joinder of distinct causes of action does not remove the obligation to claim available reliefs arising from a single cause of action. (¶ 40–41)
Held
- The two deeds concerned portions of the same ancestral holding, the same purchasers and virtually identical allegations concerning the father’s wasteful conduct and absence of family necessity. Both deeds predated the first suit; the second challenge ought to have been included in it. (¶¶ 38–39, 42)
- A different limitation period for the second alienation did not exclude Order II Rule 2 where the relief was already available and arose from the same cause of action. (¶ 35–36)
- Distinct causes of action need not be combined, but that principle did not apply to omitted relief arising from the same cause of action. The effect of an alienation made after institution of the first suit was left undecided. (¶ 39–41)
- Having upheld the Order II Rule 2 bar, the Court found it unnecessary to decide constructive res judicata. (¶ 42)
Result
Appeal allowed; High Court judgment set aside because the second suit was barred by Order II Rule 2 CPC. Parties to bear their respective costs. Constructive res judicata not decided.