Or.2 , Rule 2 of C.P.C -First suit for bare injunction as there was threat and second suit for specific performance as the defendant is going to sale to third party - No Or.2, rule 2 - No Relinquishment of right - No bar for filing a second suit with out permission as both are not one and same =2015 S.C.(10/2014) MSKLAWREPORTS 17
In the instant case, as discussed above, suit for injunction was filed since there was threat given from the side of the defendant to dispossess him from the suit property. The plaintiff did not allege that the defendant is threatening to alienate or transfer the property to a third party in order to frustrate the agreement. It is well settled that the ratio of any decision must be understood in the background of the facts of that case. The following words of Lord Denning in the matter of applying precedence have been locus classicus. “Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect, in deciding such cases, one should ...