Order II Rule 2 of the CPC cannot apply to an amendment which is sought on an existing suit, See 2022 Legal Eagle (SC) 970

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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]

03 Sep 2022