The cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are independent and one cannot include the other and vice versa, the court said.
The Supreme Court in Sucha Singh Sodhi v Baldev Raj Walia, has held that a plaintiff could not claim the relief of specific performance of agreement along with the relief of a permanent injunction in a suit.
In this case, first suit seeking an injunction against the defendant was withdrawn with leave of the court. Later, when a suit for specific performance was filed, the defendant objected to it, invoking Order 2 Rule 2, which states that the relief of specific performance ought to have claimed along with the relief of injunction in the earlier suit, which was withdrawn. The Trial Court and the High Court found favour with the defendant on this contention.
On appeal filed by the plaintiff, a bench of Justice RK Agrawal and Justice AM Sapre, found that such a relief of specific performance could not have claimed along with the suit for injunction, for the following reasons:
Another issue raised before the apex court was that, in the absence of any permission/liberty granted by the trial court to the plaintiff at the time of withdrawing the previous suit filed for permanent injunction, the plaintiff was entitled to file the suit for specific performance of agreement against the defendants in relation to the suit property. The bench said: “In our view, the Court was entitled to take into consideration the statement made by the original plaintiff (Sucha Singh) for withdrawing the suit and filing it afresh and his statement could be made a part of the order for granting permission to withdraw the civil suit and file a fresh suit.”