Suit on – Separate and Distinct Causes of Action

Dealing with Order II, Rule 2, CPC, Hon’ble Apex Court in Kewal Singh v. Lajwanti, AIR 1980 SC 161, held that this provision has no application to cases where the plaintiff has based his suit on separate and distinct causes of action and chooses to relinquish one or the other of them and that in such cases, it is always open to the plaintiff to file a fresh suit on the basis of a distinct cause of action. Lalit Kumar Upreti v. Chunni Lal Gujral, 2018 (4) AWC 3693.

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