Cuddalore Powergen Corporation Ltd. vs. Chemplast Cuddalore Vinyls Ltd. & Anr. (SC)

Code of Civil Procedure, 1908–Order 2, Rule 2–Specific Relief Act, 1963–Sec. 12–Applicability of provisions in the suit for specific performance where the plaintiff had sought the relief of permanent injunction in earlier suit–Conjoint reading of the averments made by the respondent no. 1 as the plaintiff in the plaints of both the suits would indicate that the refusal by the respondent no. 2 to perform the agreement for sale was brought to the knowledge of the respondent no. 1 prior to filing of the first suit–When the respondent no. 1 could have prayed for a larger relief in their first suit, their omission to do so must preclude them the same subsequently–However, there was a government order which imposed an absolute prohibition on the land owners for transferring their lands either by way of sale or by any other mode–New cause of action for obtaining the relief of specific performance and seeking for cancellation of sale deed dated 24.01.2008 arose on 15.03.2008 when the High Court passed the order of quashing the government order–Bar under Order 2, Rule 2 would not be applicable to the facts of the present case.