AI Structured Summary
Not yet generated for this judgment
Judgment
Das, J.—The only question in these appeals is whether the suits out of which these analogous appeals arise fall within the mischief contemplated by Order II, Rule 2 of the Civil Procedure Code. The learned Subordinate Judge in the Appellate Court has answered the question in the negative. In my opinion the view taken by the learned Subordinate Judge is right and ought to prevail.
Now Order II, Rule 2, Civil Procedure Code, requires that every suit shall include the whole of the claim arising from the one and the same cause of action and not that every suit shall include every claim and every cause of action which the plaintiff may have against the defendant. Consequently if the cause of action in the subsequent suit is different from that in the first suit, the subsequent suit is not barred. The whole question for our investigation, therefore, is whether the cause of action in the subsequent suits is the same as that in the first suits. Now the cause of action in the first suits was the refusal of Musammat Sonpi, the defendant in the action, to register the documents which she had executed in favour of the plaintiffs. That was the -plaintiffs'' cause of action in the first mentioned suits. The cause of action in the present suits is the order passed by the Criminal Court under sect on 146 of the Code of Criminal Procedure. In my opinion, it is impossible; to say that there was any cause of action which was in the plaintiffs in the previous suits to ask for possession of the dispute lard. In the first place, since we must accept the allegation made by the plaintiffs in the plaint, to be correct, the plaintiffs were not enlitled to ask for possession of the disputed land at the time when they instituted their suits for compulsory registration of the rehan deeds. In the second place) the order by the Criminal Court u/s 146 of the Code of Criminal Procedure clearly gave the plaintiffs a fresh cause of action. In my opinion, it is impossible to say that the cause of action in the present suits is the same as that in the first mentioned suits,
I would dismiss these appeals with costs.
Coutts, J.
I agree.