Supreme Court of India · 1969-12-09
SIDRAMAPPA vs RAJASHETTY AND ORS.
- Citation / case number
- SC 1969/60092
- Court
- Supreme Court of India
- Petitioner
- SIDRAMAPPA
- Respondent
- RAJASHETTY AND ORS.
- Bench
- HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that the dismissal of the appellant's application to be impleaded as a legal representative in execution proceedings was erroneous, as the cause of action for the subsequent suit was distinct from the earlier suit. The Court clarified that Order 2 Rule 2 of the Code of Civil Procedure does not bar a subsequent suit if the cause of action is different. The Court reversed the lower courts' decisions, allowing the appellant's claim for possession based on title to proceed.