VidhiSangh

Supreme Court of India · 10/07/2024

UNIWORLD LOGISTICS PVT. LTD. versus INDEV LOGISTICS PVT. LTD.

[2024] 7 S.C.R. 1071 · 2024 INSC 515

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Summary

A later suit for warehouse charges and damages was maintainable despite an earlier possession suit. The causes of action were distinct, the plaintiff had expressly reserved its monetary claims, and leave to institute a separate suit had been obtained. There was no relinquishment or omission warranting rejection under Order II Rule 2 read with Order VII Rule 11 CPC.

Issues

  1. Whether the later recovery suit was barred by Order II Rule 2 because possession had been sought earlier.
  2. Whether reservation of the monetary claims and the leave granted supported separate proceedings.

Provisions considered

Held

Result

Appeal dismissed; High Court’s refusal to interfere with leave for the separate suit and its dismissal of the plaint-rejection application upheld.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1071.