Topic
Order II Rule 2 CPC
2 articles
Property Law
Injunction First, Specific Performance Never: Supreme Court Applies Order II Rule 2 to Defeat a Suit on an Oral Agreement to Sell
In Bombay Garage Ahmedabad Limited v. J P Iscon Private Limited, the Supreme Court held that a withdrawn suit for injunction simpliciter, filed without leave to claim specific performance, bars a later suit for that relief, and that a heavy burden on the plaintiff to prove a concluded oral contract is not discharged by the defendants' evasive evidence.
13 min readReal Estate & RERA
A Homebuyer Who Splits One Grievance Into Serial RERA Complaints Can Lose All of Them, High Court Holds
A flat buyer who exhausted three rounds of RERA complaints over the same apartment learned that filing them one after another, rather than together, can cost him the last one entirely. The Punjab and Haryana High Court's ruling reaches every allottee tempted to hold a grievance back for a later round.
12 min read