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1 - 3 of 3 (0.29 seconds)Alka Gupta vs Narender Kumar Gupta on 27 September, 2010
12. The courts below decided O.S.No.12 of 2008 invoking Section 41 (h) of the Specific Relief Act, 1963. The purport of the Section itself is that a party has to file a suit seeking efficacious remedy. Both the courts felt that the plaintiff in O.S.No.12 of 2008 was not justified in filing such a suit and they adumberated and indicated that the suit for efficacious remedy should be filed. In such a case, the act of the plaintiff in filing the subsequent suit in O.S.No.72 of 2009 in District Court, Vellore, which was subsequently transferred to Fast Track Court, Ranipet and renumbered as O.S.No.18 of 2010, cannot be found fault with under Order II Rule 2 of the Code of Civil Procedure. I would like to refer to the scope of Order II Rule 2 of the Code of Civil Procedure as found exemplified in the Apex Court's decision reported in (2010)10 SCC 141 (Alka Gupta vs. Narender Kumar Gupta). An excerpt from it would run thus:
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
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