Code of Civil Procedure, 1908 ; Order II Rule 2 - Order II
Rule 2 of the CPC cannot apply to an amendment which is sought on an existing
suit - if the two suits and the relief
claimed therein are based on the same cause of action then the subsequent suit
will become barred under Order II Rule 2 of the CPC (Para 50)
Specific Relief Act, 1963;
Section 21 - Under sub-section (2) of Section 21, the court is empowered to
award compensation for breach where it holds that there is a contract between
the parties which was broken by the defendant but in the event, it decides that
specific performance ought not to be granted. Sub-section (3) of Section 21
empowers the court to grant compensation for breach in addition to a decree for
specific performance where it is of the view that specific performance alone
would not satisfy the justice of the case. Sub-section (5), however, stipulates
that compensation cannot be awarded under the section unless the Plaintiff has
claimed such compensation in the plaint. This provision is mandatory. [Para 55]
Code of Civil
Procedure, 1908 ; Section 11 - The principle of
constructive res judicata has no application when there was no formal adjudication
between the parties after full hearing -- The litigation has come up
at the stage when the courts below allowed the amendment of plaint for the
purpose of enhancing the amount towards damages in the alternative to the main
relief of specific performance of the contract [Para 52]