Supreme Court of India · 1964-04-22
GURBUX SINGH vs BHOORALAL
- Citation / case number
- SC 1961/167
- Court
- Supreme Court of India
- Petitioner
- GURBUX SINGH
- Respondent
- BHOORALAL
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that a plea under Order 2 Rule 2 of the Code of Civil Procedure, 1908 cannot be entertained without the previous pleadings being produced in court. The Court emphasized that the defendant must prove the identity of the cause of action in both suits to establish the bar. The trial court's decision to entertain the plea was set aside as the necessary pleadings from the earlier suit were not provided, thus allowing the plaintiff's suit for recovery of possession and mesne profits to proceed.