Omission To Seek Specific Performance In Prior Injunction Suit Attracts Order II Rule 2 CPC Bar In Absence Of Leave At Institution: Supreme Court

The Supreme Court of India has held that a subsequent suit for specific performance is barred under Order II Rule 2 of the Code of Civil Procedure, 1908 (CPC) if the plaintiff, despite having an accrued cause of action to seek specific performance, limited their prior suit to permanent injunction without obtaining the leave of

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