Bharat Petroleum Corpn. Ltd. & Anr. vs. ATM Constructions Pvt. Ltd. (SC)

Code of Civil Procedure, 1908–Order 7, Rule 11–Objection of maintainability of the subsequent suit through the application under Order 7, Rule 11–Rejection of application–Appreciation of–Respondent-plaintiff is the absolute owner of the property–Lease executed by his predecessors-in-interest expired on 31.12.1997–Possession was handed over in June, 2022 after a prolonged litigation–First suit was for possession of the property and no claim was made for mesne profit in that suit–Second suit filed by respondent claiming damages for use and occupation of the premises was maintainable because it was based on a different cause of action–Application under Order 7, Rule 11 was rightly rejected.