K.Bama vs J.Stephen Selvaraj on 6 January, 2012
In an another decision in Mrs.Saradammal @ Saradambal vs. G.S.Srinath, reported in 2008(4) TLNJ 554 (Civil) when the earlier suit for permanent injunction was pending another suit was filed for specific performance on the same suit property. The defendant in his written statement had sought rejection of later suit as no liberty was obtained in the earlier suit. That application was rejected. On revision, the High Court has held that non- obtaining of liberty to file a fresh suit under Order 23 Rule 3 & 4 of the Code of Civil Procedure is curable procedural irregularity and that the second suit viz.O.S.No.77 of 2007 on the file of the learned Principle District Judge, Tiruvallur by the respondent/plaintiff is not barred under Order 2 Rule 2 of the Code of Civil Procedure.