Order XXIII Rule 1 CPC

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In Bombay Garage Ahmedabad Limited v. J P Iscon Private Limited, the Supreme Court held that a withdrawn suit for injunction simpliciter, filed without leave to claim specific performance, bars a later suit for that relief, and that a heavy burden on the plaintiff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.