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Bapusaheb Chimasaheb Naik Nimbalkar thr. LR’s. & Anr. vs. Mahesh Vijaysinha Rajebhosale & Ors. – (SC)

36.00 3.60

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Code of Civil Procedure, 1908–Order 2, Rule 2–Bar of provision–Applicability–Earlier suit was based on different cause of action for a declaration of half share of certain other properties–In the instant case, the cause of action is different as A became owner of property in 1962 when her mother S died–It is not a case of admission to sue for relief for which the second suit was filed– Held second suit was not barred by the provisions of Order 2, Rule 2.