
Summary: A plea under Order II Rule 2 may defeat a plaintiff’s claim or relief arising from the same cause of action. However, the Supreme Court recently clarified in S. Valliammai v. S. Ramanathan that such a plea alone is not sufficient to reject the suit under Order VII Rule 11(d). The key is understanding the difference between a “bar to sue” and a “suit barred by law”. This article explores that distinction, the different inquiries mandated under each provision, and the significant procedural consequences of invoking the wrong remedy at the threshold stage.
Continue Reading “Bar To Sue” Under Order II Rule 2 Versus “Suit Barred By Law” Under Order VII Rule 11: Crucial Procedural Distinction







