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2012 (9) TMI 808 - SC - Indian LawsAppeals against the order of High Court wherein Court has refused to interdict the proceedings pending in the Court of District Judge filed by the respondents herein on ground that provisions of Order II Rule 2 of the CPC would be applicable only when the first suit is disposed of - agreement to sale of land and superstructures thereon between plaintiff and respondent - plaintiff seeking a decree on 29.05.07 against the defendant for execution and registration of the sale deeds in respect of the same property and for delivery of possession thereof to the plaintiff in respect of the which plaintiff had earlier filed on 27.07.2005 seeking the relief of permanent injunction. Held that:- In the present case second set of suits were filed during the pendency of the earlier suits. High Court following the judicial discpline, held that the provisions of Order II, Rule 2(3) will not be attracted. However, we are unable to agree with the same in view of the object behind the enactment of the provisions of Order II Rule 2 of the CPC, namely, that Order II Rule 2 of the CPC seeks to avoid multiplicity of litigations on same cause of action. If that is the true object of the law, the same would not stand fully subserved by holding that the provisions of Order II Rule 2 of the CPC will apply only if the first suit is disposed of and not in a situation where the second suit has been filed during the pendency of the first suit. Rather, Order II, Rule 2 of the CPC will apply to both the aforesaid situations. In view of aforesaid, present appeals deserve to be allowed. Accordingly order of High Court is set aside. Consequently, we strike off the plaint in O.S.Nos.202 and 203 of 2007 on the file of District Judge, Thiruvallur.
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