Supreme Court of India
S. VALLIAMMAI & OTHERSversusS. RAMANATHAN & ANOTHER
- Citation
- 2026 INSC 372
- Decided
- 16 April 2026
- Disposal
- Appeal(s) allowed
- Bench
- B V NAGARATHNA
Holding
A plea under Order II Rule 2 cannot be used to reject a plaint under Order VII Rule 11(d); the bar under Order II Rule 2 is a substantive defence that must be proved on evidence, not a ground for dismissal at the pleading stage.
Summary
The appellants, the wife and daughters of a deceased property owner, filed a second suit challenging a power of attorney and seeking injunctions, after having earlier filed a first suit for similar reliefs. The defendants moved to reject the second plaint under Order VII Rule 11(d) of the CPC, arguing that the suit was barred by Order II Rule 2 because the cause of action and reliefs were allegedly the same as those in the first suit. The trial court rejected the rejection application, holding the causes of action were distinct, but the Madras High Court set aside that order, treating the averments of the first suit as evidence and concluding the second suit was barred. The Supreme Court held that a plea under Order II Rule 2 cannot be a ground for rejecting a plaint under Order VII Rule 11(d); the bar under Order II Rule 2 is a substantive defence that must be proved by evidence, not a ground for dismissal at the pleading stage. Consequently, the High Court’s order was set aside, the trial court’s order restored, and the plaint in the second suit reinstated. The appeal was allowed and costs were awarded.
Issues considered
- Whether a plea under Order II Rule 2 of the CPC can be a ground for rejecting a plaint under Order VII Rule 11(d).
- Whether the second suit is barred by Order II Rule 2 because it is based on the same cause of action as the first suit.
- Whether the cause of action in the two suits is identical or distinct for the purpose of Order II Rule 2.
- Whether the High Court erred in treating the averments of the first suit as evidence while deciding the rejection application.
Legislation cited
- Code of Civil Procedure, 1908s. Order II Rule 2 (sub‑rules 1, 2, 3), s. Order VII Rule 11(d)
- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002s. Section 34
Headnote
Issue for Consideration Correctness or otherwise of the impugned order granting rejection of the plaint. Headnotes† Code of Civil Procedure, 1908 – Or.VII r.11(d); Or.II r.2 – Application of Or.II r.2 not a ground for rejection of plaint u/Or.VII r.11(d) – Original owner first suit against defendant No.1-son, seeking inter alia permanent injunction – After the death of the original owner, Appellants herein (his wife and daughters) filed the second suit – Respondent-defendants filed application u/Or.VII r.11 in the second suit seeking rejection of
Subjects
Order VII Rule 11(d)Order II Rule 2first suitsecond suitplaint rejectedrejection of plaintformer suitsubsequent suitsame cause of actionrelief omissionbar to suecivil procedurecause of action test
Judgment
[2026] 5 S.C.R. 238 : 2026 INSC 372
S. Valliammai & Others
v.
S. Ramanathan & Another
(Civil Appeal No. 3624 of 2024)
16 April 2026
[B.V. Nagarathna* and Ujjal Bhuyan, JJ.]
Issue for Consideration
Correctness or otherwise of the impugned order granting rejection
of the plaint.
Headnotes†
Code of Civil Procedure, 1908 – Or.VII r.11(d); Or.II r.2 –
Application of Or.II r.2 not a ground for rejection of plaint
u/Or.VII r.11(d) – Original owner and his wife-appellant No.1
herein filed the first suit against defendant No.1-son, seeking
inter alia permanent injunction – After the death of the original
owner, Appellants herein (his wife and daughters) filed
the second suit – Respondent-defendants filed application
u/Or.VII r.11 in the second suit seeking rejection of the plaint
contending that the said suit was barred u/Or.II r.2 – Application
dismissed by trial court holding inter alia that the second
suit was not barred on account of Or.II r.2 as the causes of
action and properties involved in the two suits were distinct
and separate – Order set aside by High Court by analysing
the averments in the first suit in juxtaposition with the second
suit and holding that the cause of action for both the suits
was one and the same and the suit was barred u/Or.II r.2 –
Revision petition filed by the defendants was allowed; plaint
was rejected u/Or.VII r.11– Interference with:
Held: Order of High Court set aside – Plea u/Or.II r.2 cannot be a
basis or a ground for rejection of the plaint – In a case where Or.II
r.2 applies, there is no legal bar to filing a suit but the reliefs sought
for or the claims made therein cannot be granted if the conditions
mentioned therein apply – For arriving at such a conclusion, there
has to be evidence let in in order to determine whether the provision
of Or.II r.2 would apply to the suit or not – On the other hand, in the
* Author
[2026] 5 S.C.R. 239
S. Valliammai & Others v. S. Ramanathan & Another
case of Or.VII r.11(d), if there is express or implied bar for filing of
a suit under any law then on a meaningful reading of the plaint, it
has to be rejected – The suit need not proceed to record evidence
on merits but only to the extent where evidence is necessary to be
recorded for the purpose of rejection of the plaint such as on the
ground of the suit being bit by law of limitation or on the principle
of res judicata – Thus, the bar created by any law to the filing of
a suit is different from a plaintiff suing for certain claims or reliefs
which he could not have claimed or sued having regard to Or.II
r.2 – Therefore, the application of Or.II r.2 cannot be construed to be
a ground for rejection of the plaint u/Or.VII r.11(d) – In the present
case, the approach of the High Court in analysing the averments
made in the second suit as if it is evidence, in juxtaposition with
the averments made in the first suit was improper – Order of
the trial court in the second suit restored along with the plaint.
[Paras 5.9, 5.21, 8.1, 9]
Code of Civil Procedure, 1908 – Or.VII r.11(d); Or.II r.2 – Two
suits, if distinct and separate – Distinctions to be analysed
while analysing the plaints in the first/former suit and a
subsequent suit:
Held: On a conjoint reading of Or.II r.2 with Or.VII r.11(d), it emerges
that the plea under Or.II r.2 cannot be a basis or a ground for
rejection of the plaint – It is for the defendant to establish by way
of evidence, the bar of the subsequent suit u Or.II r.2 filed by the
very same plaintiff – In such an event, on a comparative analysis
of the plaint filed in the first suit and the plaint filed in the second
suit, if the Court comes to the conclusion that the second suit
was filed on an identical cause of action which led to the filing of
the first suit and there was an omission to make the claim or to
reserve the reliefs to be claimed in the first suit in a subsequent
suit, then the bar u/Or.II r.2 would apply to the subsequent suit
or the second suit – Then the claims or reliefs not maintainable
would be rejected as the plaintiff could not have sued for those
reliefs by filing a second suit, although technically, the filing of
such a suit was not barred by any law – On the other hand, if the
cause of action for filing the second suit is totally distinct from the
cause of action from filing the first suit and the reliefs claimed are
distinct, subject-matter of the suits are different and if the parties
to the suit are also different then in such a case, the plea u/Or.II
r.2 would not arise at all. [Para 7]
240 [2026] 5 S.C.R.
Supreme Court Reports
Code of Civil Procedure, 1908 – Or.VII r.11(d); Or.II r.2 – “barred
by any law”; “statement in the plaint”– Whether the suit is
barred by any law has to be determined from the statement in
the plaint – Application of Or.II r.2 does not result in rejection
of the plaint u/Or.VII r.11(d):
Held: Or.VII r.11(d) deals with rejection of plaint and not the right
to sue being barred – A rejection of a plaint is as per clauses (a)
to (f) mentioned in Or.VII r.11 – Or.VII r.11(d) states that the plaint
shall be rejected where the suit appears from the statement in
the plaint to be barred by any law – Therefore, the crucial words
are, the filing of the suit being barred by any law – The issue,
whether the suit is barred by any law has to be determined
from the statement in the plaint – The expression “statement
in the plaint” would mean not only a meaningful reading of the
averments in the plaint but also a meaningful reading of the
documents appended to the plaint – Thus, it is on a meaningful
reading of the plaint and the annexed documents, the suit should
appear to be barred by any law – Hence, the written statement or
any other document cannot be taken into consideration in order
to ascertain whether the suit is barred by any law – When the
expression “barred by any law” is read in juxtaposition with Or.II
r.2, it is already noted that Or.II r.2 does not bar the filing of any
suit but sub-rules (2) and (3) forbids the suing for certain claims
which have been relinquished or certain reliefs which have been
omitted to sue in the earlier suit in respect of which a plaintiff
cannot sue for those claims or reliefs by filing a subsequent
suit – On the other hand, the bar to filing of any suit in law u/
Or.VII r.11(d) is distinct – The law must bar the filing of a suit
either by an express bar or by an implied bar – Under Or.II r.2,
the right to sue is taken away in terms of sub-rules (2) and (3)
thereof which means that the suit could not have been filed at
all – On the other hand, u/Or.VII r.11 (d), there is “no bar to
sue” but “the suit is barred by law from being filed” – There is a
subtle but distinct difference between the two – If the conditions
under sub-rules (2) and (3) of Or.II r.2 are satisfied in a case, it
would be a case of there being a curtailment of the right to sue
for the claims relinquished or omitted in the earlier suit – It is not
a case where the plaint has to be rejected as it is barred by the
provision of Or.II r.2 [sub-rules (2) and (3)] – The application of
Or.II r.2 to a case can result in rejection of reliefs being granted
to a plaintiff which may, in certain cases, also result in dismissal
[2026] 5 S.C.R. 241
S. Valliammai & Others v. S. Ramanathan & Another
of the suit itself – But it does not result in rejection of the plaint
u/Or.VII r.11(d). [Paras 5.17-5.20]
Code of Civil Procedure, 1908 – Or.II r.2 – Bar to sue vis-à-vis
suit being barred by law:
Held: Bar to sue is distinct from a suit being barred by any law –
In the former, a suit cannot be commenced at all and, therefore,
would have to be dismissed on the application of Or.II r.2, while in
the latter case, a suit can be commenced but is not entertainable
owing to a bar in law – Under Or.II r.2, a suit can be dismissed after
recording evidence depending upon the facts and circumstances
of the case and on the analysis of the cause of action in a former
suit and a subsequent suit – In the case of rejection of a plaint,
recording of evidence on the bar to file a suit may not be necessary
in all circumstances – It all depends on the nature of the bar –
Further, the right to sue is circumscribed by what is stated u/Or.II
rr.1 and 2 – Or.II r.2(1) states that every suit shall include the
whole of the claim which the plaintiff is entitled to make in respect
of the cause of action; but a plaintiff may relinquish any portion
of his claim in order to bring the suit within the jurisdiction of the
court – With regard to relinquishment of part of the claim and
omission to sue for one of several reliefs, the consequences are
stated in sub-rules (2) and (3) of Or.II r.2 – Thus, under the said
sub-rules the right to sue in respect of relinquishment of a claim
or omitted reliefs in the absence of conditions occurring therein
would not arise – Therefore, sub-rules (2) and (3) of Or.II r.2 deal
with claims and reliefs. [Paras 5.13, 5.15]
Code of Civil Procedure, 1908 – Or.II r.2 – Application of – Test
for. [Paras 5.8, 5.9]
Code of Civil Procedure, 1908 – Or.II r.1 and 2 – Object –
Difference between Or.II r.1 and 2. [Paras 5.1-5.4]
Words and Phrases – “same cause of action”; “sue”,
discussed. [Paras 5.7, 5.14]
Case Law Cited
N.V. Srinivasa Murthy v. Mariyamma (Dead) by proposed LRs.
[2005] Supp. 1 SCR 411 : (2005) 5 SCC 548; State Bank of India
v. Gracure Pharmaceuticals Ltd. [2013] 12 SCR 617 : (2014) 3
SCC 595-602 – distinguished.
242 [2026] 5 S.C.R.
Supreme Court Reports
T. Arivandandam v. T.V. Satyapal [1978] 1 SCR 742 : (1977) 4
SCC 467; Sopan Sukhdeo Sable v. Assistant Charity Commissioner
[2004] 1 SCR 1004 : (2004) 3 SCC 137; Popat and Kotecha
Property v. State Bank of India Staff Association [2005] Supp.
2 SCR 1030 : (2005) 7 SCC 510; Roop Lal Sathi v. Nachhattar
Singh Gill [1983] 1 SCR 702 : (1982) 3 SCC 487; Raptakos
Brett & Co. Ltd. v. Ganesh Property [1998] Supp. 1 SCR 485 :
(1998) 7 SCC 184; Saleem Bhai v. State of Maharashtra [2002]
Supp. 5 SCR 491 : (2003) 1 SCC 557; R.K. Roja v. U.S. Rayudu
[2016] 3 SCR 221 : (2016) 14 SCC 275; Kuldeep Singh Pathania
v. Bikram Singh Jaryal [2017] 1 SCR 915 : (2017) 5 SCC 345;
Sejal Glass Ltd. v. Navilan Merchants Private Ltd. [2017] 7
SCR 557 : (2018) 11 SCC 780; Madhav Prasad Aggarwal v.
Axis Bank Ltd. [2019] 8 SCR 1058 : (2019) 7 SCC 158; Sri
Biswanath Banik v. Sulanga Bose [2022] 3 SCR 302 : (2022) 7
SCC 731; Cuddalore Powergen Corporation Ltd. v. Chemplast
Cuddalore Vinyls Limited [2025] 2 SCR 123 : 2025 SCC OnLine
82 – referred to.
B. Shambumal v. State Bank of Mysore, AIR 1971 Mys. 156 ; State
of Uttar Pradesh v. Mool Chand, AIR 1972 All. 413 – referred to.
Maqsud Ahmad v. Mathra Datt & Co., AIR 1936 Lah 1021;
Mohammad Khalil Khan v. Mahbub Ali Mian, 1948 SCC OnLine
PC 44 – referred to.
Books and Periodicals Cited
Webster Dictionary; Strouds’ Judicial Dictionary, (Fifth Edition,
p.2540) – referred to.
List of Acts
Code of Civil Procedure, 1908.
List of Keywords
Order VII Rule 11(d) of the Code of Civil Procedure, 1908; Order II
Rule 2 of the Code of Civil Procedure, 1908; First suit; Second
suit; Plaint in second suit rejected; Rejection of plaint; Former
suit; Subsequent suit; “same cause of action”; “sue”; Averments
made in the second suit; Averments made in the first suit; Plaint
restored; Cause of action for both suits same.
[2026] 5 S.C.R. 243
S. Valliammai & Others v. S. Ramanathan & Another
Case Arising From
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3624 of 2024
From the Judgment and Order dated 11.07.2019 of the High Court
of Judicature at Madras in CRPPD No. 4472 of 2013.
Appearances for Parties
Advs. for the Appellant(s):
Chander Uday Singh, Sr. Adv., M/s K J John and Co, Ms. Surekha
Raman, Amarjit Singh Bedi, B. S. Jhothiraman, Shreyash Kumar,
Yashwant Sanjenbam, Sidharth Nair, Harshit Singh.
Advs. for the Respondent(s):
Jayanth Muth Raj, Sr. Adv., Mrs. Malavika Jayanth, Ms. Isha Singh,
C. K. Sasi, Ms. Meena K Poulose.
Judgment / Order of the Supreme Court
Judgment
Nagarathna, J.
The appellants herein are aggrieved by the impugned order dated
11.07.2019 passed by the High Court of Judicature at Madras in
C.R.P.(PD) No.4472 of 2013 whereby the Civil Revision Petition
filed by the respondents herein was allowed and the order dated
24.06.2013 passed by the VIth Assistant Judge, City Civil Court,
Chennai (hereinafter referred to as “trial court”) in O.S. No.2320 of
2013 (hereinafter called the ‘second suit’ for the sake of convenience)
was set aside. Consequently, the plaint in the second suit was rejected.
The trial court, by the said order, had rejected I.A. No.7712/2013
filed by the respondents under Order VII Rule 11 of the Code of Civil
Procedure, 1908 (hereinafter referred to as “Code”) and allowed I.A.
No.6381/2013 filed by the appellants herein under Order XXXIX
Rules 1 and 2 of the Code.
1.1 For the sake of convenience, the parties shall be referred to in
terms of their status and position before the trial court in O.S.
No.2320 of 2013 (the second suit).
1.2 Briefly stated, the facts of the case are that Late Shri M.
Sokkalingam (“original owner”) and his wife S Valliammai-
244 [2026] 5 S.C.R.
Supreme Court Reports
appellant No.1 herein (hereinafter referred to as plaintiff
No.1) entered into a partition of family properties by way of
oral settlement dated 01.11.2011 with their children, i.e., two
daughters namely Meena – appellant No.2 herein (hereinafter
referred to as plaintiff No.2) and Muthumeena – appellant No.3
herein (hereinafter referred to as “plaintiff No.3”) and son namely,
S. Ramanathan - respondent No.1 herein (hereinafter referred
to as defendant No.1). According to the oral settlement, plaintiff
Nos.2 and 3 received Rs.9,00,00,000/- (Rupees Nine Crores)
each through cheques and executed deeds dated 02.11.2011,
relinquishing their share in the properties in favour of their
brother-defendant No.1.
1.3 Thereafter on 04.11.2011, the original owner executed a
registered Power of Attorney bearing Document No.724 of
2011 in favour of Shri E.J. Ayyappan - respondent No.2 herein
(herein referred to as “defendant No.2”), with respect to the
following properties:
i) Regent Place bearing R.S. No.3907/2A, Survey No.C-263
(part) New Survey No.43 situated in Ward E, Block No.6,
admeasuring 1 acre 56 cents, situated at 374, 375 and
376, Peyton Road, Opposite Ratan Tata Officer’s Home,
Ootacamund, Nilgiris (“Ooty (Nilgiris) property”, for the
sake of convenience) (Schedule ‘A’ Property).
ii) Vacant land situated at Door No.1/29, Rayavaram
Main Road, (Kadiyapatti village), Ramachandrapuram,
Panangudi, Vettam, Thirumayam Taluk, Pudukottai
District, comprised in Old Survey No.177 (Natham) New
Survey No.90/11 (“Pudukottai property”, for the sake of
convenience) (Schedule ‘B’ Property)
1.4 Pursuant thereto, settlement deeds dated 09.11.2011 and
10.11.2011 with respect to the aforesaid properties were
executed in favour of defendant No.1 by defendant No.2, as
the power of attorney of the original owner.
1.5 Subsequently, on 30.07.2012, plaintiff No.1 and the original
owner instituted O.S. No.4722 of 2012 (‘first suit’) before the VIIth
Assistant Judge, City Civil Court, Chennai against defendant
[2026] 5 S.C.R. 245
S. Valliammai & Others v. S. Ramanathan & Another
No.1 (in the second suit), seeking the relief of permanent
injunction and peaceful possession and enjoyment of:
i) property situated at Old Door No.23, Harrington Avenue,
subsequently at Door No.48, fifth avenue and presently
Door No.2, fifth avenue, Harrington road, Chetpet,
Chennai-600031 (“Chennai property”, for the sake of
convenience) (“Schedule ‘A’” therein); and
ii) operation of the cash deposits, stocks, shared, debentures,
mutual fund deposit etc lying in A/c No.axcess plus
42710180701, 42710180698, 42705092018 with Standard
Chartered Bank, No.1, Rajaji Salai, Parrys, Chennai-600104
(“Schedule ‘B’” therein).
1.6 In the aforesaid suit, it was alleged that defendant No.1, by
intimidating the original owner as well as plaintiff No.1 in the
second suit and by exploiting their emotions, forced them to
execute some documents on 04.11.2011. Further, defendant
No.1 compelled them to execute the settlement deed dated
04.11.2011, settling the property described in Schedule ‘A’
therein to the son of defendant No.1 after reserving life interest
for plaintiff No.1.
1.7 During the pendency of the aforesaid first suit, the original
owner, M. Sokkalingam, passed away on 13.03.2013.
1.8 Subsequently, the appellant-plaintiffs herein (wife and the
daughters of plaintiff No.1 in the first suit) instituted O.S.
No.2320 of 2013 (“second suit”) on 08.04.2013 before the
trial court, seeking a declaration that the Power of Attorney
dated 04.11.2011, registered as Doc. No.724/2011 was
illegal, null and void, and the same was obtained by sheer
misrepresentation, coercion, fraud and undue influence together
with all consequential acts and deeds if any made on the strength
of the power of attorney dated 04.11.2011 and for permanent
injunction restraining the defendant, his men, agents and
servants from alienating the Schedules ‘A’ and ‘B’ properties.
Further, the plaintiffs also filed I.A. No.6381/2013 under Order
XXXIX Rules 1 and 2 of the Code seeking an interim injunction,
restraining the defendants from alienating or encumbering the
suit properties pending disposal of the suit.
246 [2026] 5 S.C.R.
Supreme Court Reports
1.9 Subsequently, the respondent-defendants preferred I.A.
No.7712 of 2013 in the second suit under Order VII Rule 11
of the Code seeking rejection of the plaint by contending that
the said suit was barred under Order II Rule 2 of the Code.
1.10 The trial court by common order dated 24.06.2013, dismissed
I.A. No.7712/2013 filed by the defendants being not
maintainable and allowed I.A. No.6381/2013 filed by the
plaintiff, granting temporary injunction against the defendants
restraining alienation and encumbrance of the suit properties
pending disposal of the suit. It was held that the second suit
was not barred on account of Order II Rule 2 of the Code
as the causes of action and properties involved in the two
suits were distinct and separate and that the plaintiffs came
to know about the General Power of Attorney only after the
written statement was filed by the defendant No.1 in the first
suit and at that juncture, the cause of action arose. The trial
court further doubted the manner in which the suit properties
had been settled through a third party i.e., defendant No.2.
1.11 Being aggrieved, the defendants preferred C.R.P.(PD) No.4472
of 2013 before the Madras High Court. By way of impugned
order dated 11.07.2019, the High Court allowed the revision
petition filed by the defendants and set aside the Trial Court’s
order in O.S. No.2320 of 2013 and thereby rejected the plaint
under Order VII Rule 11 of the Code. The Court observed
that upon perusal of the plaint in O.S. No.4722/2012, it was
apparent that the plaintiffs were aware of the execution of the
Power of Attorney dated 04.11.2011. It was further observed
that the cause of action for both the suits was one and the
same and that the plaintiffs were parties and privy to all the
events, including the oral settlement and subsequent execution
of the Power of Attorney. It was further held that the trial court
deviated from its jurisdiction by going into the aspect of why
and for what purpose the Power of Attorney was executed,
brushing aside the fact that the plaintiff Nos.2 and 3 were
witnesses to the said document. The High Court expressed
that the trial court did not appreciate the fact that plaintiff No.2
herself wrote a letter requesting the Sub-Registrar, Periamet,
to undertake a home visit to register the Power of Attorney
in favour of defendant No.2, and therefore she subsequently
[2026] 5 S.C.R. 247
S. Valliammai & Others v. S. Ramanathan & Another
could not be allowed to take a contradictory stand to contend
that she came to know about the Power of Attorney only after
filing of the written statement by defendant No.1 in the first suit.
1.12 Being aggrieved, the appellants have preferred the present
civil appeal.
2. Before proceeding further, it is necessary to distill the averments of
the plaint in O.S. No.4722 of 2012 which is the first suit and O.S.
No.2320 of 2013 which is the second suit.
Averments of Plaint in O.S. No.4722 of 2012 (First Suit):
2.1 The plaintiffs in the said suit are the parents of the defendant
therein (defendant No.1 in the second suit). They averred that
they are residing at Door No.2, Vth Avenue, Harrington Road,
Chennai-600031; the property more fully described in Schedule
‘A’ thereunder which is the absolute property of plaintiff No.1
and he is in continuous possession and enjoyment of the same.
The plaintiffs have three children, namely, two daughters and
defendant-son who is an advocate. The plaintiffs were residing
in Schedule ‘A’ property and their daughters are married and
settled in USA.
2.1.1 That their defendant-son had been insisting the plaintiffs to
part with all their properties including properties mentioned
in Schedules ‘A’ and ‘B’.
2.1.2 That plaintiff No.2 was sick and bedridden most of the
times and the plaintiffs are helpless as they have to live
in constant fear and anxiety because of the intimidating
tactics of the defendant who was none other than their
son. That the plaintiff No.2 has several ailments and
suffered from disorientation and had suffered a heart
attack in the month of July 2011 and was also hospitalized.
Instead of attending to his parents, the defendant - son
has been insisting on the plaintiffs parting with their
properties. On 24.08.2011, the defendant physically
assaulted and verbally abused plaintiff No.2 for not settling
the property on him.
2.1.3 That owing to the intimidation of the defendant, plaintiff
No.2 was forced to execute some documents on
248 [2026] 5 S.C.R.
Supreme Court Reports
04.11.2011 when the Registrar took the thumb impression
of the plaintiff No.2 on a settlement deed dated 04.11.2011
settling Schedule ‘A’ property in favour of defendant - son
after reserving life interest in the said property for plaintiff
No.1. The defendant has also taken away the original title
deeds and documents from the house of the plaintiffs.
2.1.4 Further, the plaintiffs had valuable shares and securities
which they had liquidated and divided the amount by
giving their two daughters a lesser amount as compared
to the defendant-son and a small balance was deposited
in the bank account of plaintiff No.1 for the last stages
of their life. The plaintiffs are residing in Schedule ‘A’
property therein and they do not have any independent
source of income except the interest income from the
bank account more fully described as Schedule ‘B’ in
the plaint.
2.1.5 That the defendant was pestering the plaintiffs to change
the Schedule ‘B’ account into a joint account by including
him as a joint account holder along with the plaintiffs
which the plaintiffs were not willing to do so. That the
plaintiffs were a respectable family from Chettinad and
therefore had not lodged any police complaint.
2.1.6 It was also averred that the greed of the defendant had
not been satisfied with the settlement deed executed by
compelling plaintiff No.1 to part with properties such as
1.5 acres of land in Ooty with the Bungalow and several
valuable properties at Pudukottai District belonging
to plaintiff No.2. Hence, he was now eyeing the bank
account. That on 23.07.2012, the defendant demanded
plaintiff No.1 to include his name also in the bank account.
2.1.7 The defendant was living in his own house at Mylapore
and the plaintiffs were residing in the Schedule ‘A’
property and even according to the settlement deed dated
04.11.2011, plaintiff No.1 was entitled for life interest over
the said property. However, the defendant frequently
visited the plaintiffs and bothered them mentally affecting
their peace and coming in the way of their enjoyment
of their property.
[2026] 5 S.C.R. 249
S. Valliammai & Others v. S. Ramanathan & Another
2.1.8 The cause of action arose when the defendant demanded
his parents to part with all their properties and a settlement
deed was executed on 04.11.2011 and later on 23.07.2012
when the defendant came to the house and demanded the
plaintiff to convert the bank account into a joint account.
Plaintiffs were entirely dependent upon the interest yield
from the bank account and the plaintiffs were in constant
fear of the defendant.
2.1.9 The plaintiffs sought the following reliefs (in the first suit):
a) Permanent injunction restraining the defendant,
his men, agents and servants from interfering with
the plaintiffs peaceful possession and enjoyment
of the Schedule ‘A’ mentioned property;
b) Permanent injunction restraining the defendant,
his men, agents and servants from interfering with
operation of Schedule ‘B’ bank account;
c) Permanent injunction restraining the defendant
against exercising any undue influence, coercion,
threat, blackmailing against the plaintiff for transfer
or opening of joint bank account in respect of
Schedule ‘B’ bank account;
d) To pay the cost of this suit; and
e) Grant such other relief the Court may deem fit and
proper in the circumstances of this case.
Averments in O.S. No.2320 of 2013 (Second Suit):
3. This suit has been filed by the widow of late M. Sokkalingam as
plaintiff No.1 and their two daughters as plaintiff Nos.2 and 3 against
defendant No.1 who is the son of late M. Sokkalingam and defendant
No.2 who is his power of attorney holder.
3.1 According to the plaintiffs, M. Sokkalingam died intestate
on 13.03.2013 leaving the plaintiffs and defendant No.1 to
jointly inherit the properties. Defendant No.2 was the friend
of defendant No.1 who has acted as the power agent of late
M. Sokkalingam under an illegal and invalid power of attorney
deed dated 04.11.2011 which is challenged.
250 [2026] 5 S.C.R.
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3.2 That M. Sokkalingam had heart and kidney ailments and was
suffering from diabetes and other ailments. He had undergone
knee and heart surgeries and had been hospitalized for a number
of months and was in altered state of consciousness from mid
2010 to February, 2012. Often he would be disoriented and later
gain his consciousness after some interval. Around October
2011 to December, 2011, the problem became acute when he
had altered levels of consciousness for two to three months. He
was hospitalized in the month of July 2011 due to heart attack.
That late M. Sokkalingam and plaintiff No.1 were residing at
Door No.2, Vth Avenue, Harrington Road, Chennai–600031 and
plaintiff Nos.2 and 3, being their daughters were married and
settled in the United States of America and they used to visit
their parents now and then. Defendant No.1, who is the son,
has been greedy and money-minded and insisted plaintiff No.1
and her husband to part with all the properties to the exclusion
of his two sisters. Defendant No.1 has been adopting a hostile
attitude and tactics to take control of all the properties of his
father by blackmailing and threatening that he would commit
suicide if all the properties were not conveyed to him. That
plaintiff No.1 and her husband were stripped of all their moveable
and immoveable properties except the amount lying in the bank
account of plaintiff No.1 in Standard Chartered Bank, Chennai.
That defendant No.1 was continuously pestering plaintiff No.1
and her husband to convert the said bank account into a joint
bank account by including his name and by frequently calling the
officials of the Standard Chartered Bank by giving unnecessary
instructions to convert the bank account into a joint account
but the account holders being the parents of defendant No.1
were not willing to do so. Hence, they filed O.S. No.4722 of
2012 (first suit) on the file of the VIIth Assistant City Civil Court,
Chennai seeking the relief for permanent injunction against
defendant No.1 from interfering with their possession of the
property and the bank account. The said suit is still pending.
That the parents of defendant No.1 had to live in constant fear
and anxiety because of the intimidating tactics of defendant
No.1 who is none other than their own son.
3.3 That plaintiff No.1 is a heart patient and her husband was
also a heart patient and defendant No.1, instead of lending
[2026] 5 S.C.R. 251
S. Valliammai & Others v. S. Ramanathan & Another
any help and being of solace to them was insisting on them
for parting with their properties. That on one occasion dated
24.08.2011, defendant No.1 came home at around 08:00 PM
and physically assaulted and verbally abused the handicapped
father for not settling the properties on him. Considering the
reputation of the family, no criminal complaint was lodged. That
defendant No.1 by intimidating plaintiff No.1 and her husband
(M. Sokkalingam) forced them to execute some documents on
04.11.2011 when her husband was in a semi-conscious state of
mind. The Registrar was brought to the house and the thumb
impression of M. Sokkalingam was obtained by force. He was
thus compelled to execute the settlement deed dated 04.11.2011
setting the property described in Schedule ‘A’ in the said plaint
to the defendant after reserving the life interest for the plaintiff
No.1. Defendant No.1 has also taken away all the original title
deeds and documents of the Schedule mentioned properties
from the house of the plaintiffs even earlier.
3.4 That on 04.11.2011, defendant No.1 got the thumb impression
of M. Sokkalingam without his knowledge on various papers
and the signatures of the plaintiff Nos. 2 and 3 were also
obtained on various papers as witnesses to the documents
in which thumb impression of M. Sokkalingam were obtained
by force, fraud and without his knowledge since at that time
he was in a semi-conscious state of mind. That the rude
behaviour and inexorable greed of defendant No.1 prompted
plaintiff No.1 and her husband to file the suit i.e. O.S. No.4722
of 2012 (first suit) to allay their immediate apprehension. That
M. Sokkalingam made an inquiry with the help of plaintiff Nos.2
and 3 herein in the Registrar’s office about any document
alleged to have been executed by him on 04.11.2011, when
the Registrar visited the house of plaintiff No.1 for the purpose
of the execution of the settlement deed. It is to the utter shock
and dismay the power of attorney dated 04.11.2011, bearing
Document No.724 of 2011 on the file of Sub-Registrar’s office
(SRO), Periamet in favour of defendant No.2 was brought to his
notice. M. Sokkalingam had instructed his counsel to prepare
the case to declare the power of attorney dated 04.11.2011 on
the file of SRO, Periamet as invalid but before the suit could
be instituted he died.
252 [2026] 5 S.C.R.
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3.5 That defendant No.1 was not invited by his father (M.
Sokkalingam) for his 80th birthday and his father wanted his
wife to perform his last rites but defendant No.1 ultimately
performed his last rites.
3.6 Defendant No.2 was stated to be appointed as the power agent
of M. Sokkalingam to execute the settlement deed in favour of
defendant No.1. That, M. Sokkalingam during the said period
was in a semi-conscious state of mind and defendant No.1 had
threatened and coerced all the family members to put signature
on the documents. That M. Sokkalingam never intended to settle
the Schedules ‘A’ and ‘B’ properties upon defendant No.1 as
the relationship between them was not cordial; rather was very
much strained. That the father was beaten by his son-defendant
No.1 and there was no love and affection between them.
3.7 That, M. Sokkalingam was a reputed member of the Chettiar
Community having trustworthy friends and relatives and there
was no occasion for him to choose defendant No.2, who is
an advocate and friend of defendant No.1 as the power agent
for the execution of the settlement deed. If at all, any such
document had to be executed by M. Sokkalingam, it would
have been done so at Chennai by appointing power agent to
present the settlement deed for registration. That the power
of attorney dated 04.11.2011, bearing Document No.724 of
2011 on the file of SRO, Periamet is per se illegal and void
and the same was executed by fraud, coercion and further as
the executant at the time of the execution was not in a sound
state of mind. Therefore, any consequential act on the strength
of the said power of attorney is also illegal and invalid. That
defendant No.1 is not entitled to have any absolute right over
the suit properties.
3.8 That the cause of action for the suit arose when M. Sokkalingam
died intestate on 13.03.2013 leaving the plaintiffs and the
defendant No.1 to jointly inherit the properties. On 04.11.2011,
when M. Sokkalingam was in a semi-conscious state of mind,
was compelled to put his thumb impression on some documents.
Hence, the plaintiffs sought following reliefs:
a) Declare the Power of Attorney deed dated 04.11.2011
registered as Doc. No.724 of 2011 on the file of SRO,
[2026] 5 S.C.R. 253
S. Valliammai & Others v. S. Ramanathan & Another
Periamet, Chennai–600003 as illegal, null and void and
the same is obtained by sheer misrepresentation, coercion,
fraud and undue influence together with all consequential
acts and deeds if any made on the strength of the power
of attorney dated 04.11.2011;
b) Permanent injunction restraining the defendant, his men,
agents and servants from alienating the Schedules ‘A’
and ‘B’ properties;
c) Grant such other relief as deemed fit and proper under
the circumstances of the case; and
d) To pay the cost of the suit.
Order VII Rule 11 of the Code:
4. Since the issue in this appeal pertains to the correctness or otherwise
of the impugned order granting rejection of the plaint, at this stage,
we deem it necessary to extract Order VII Rules 11 and 13 of
the Code which deal with the grounds for rejection of a plaint, as
under:
“11. Rejection of plaint. - The plaint shall be rejected in
the following cases-
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the
plaintiff, on being required by the Court to correct
the valuation within a time to be fixed by the Court,
fails to do so;
(c) where the relief claimed is properly valued, but the
plaint is written upon paper insufficiently stamped,
and the plaintiff, on being required by the Court to
supply the requisite stamp-paper within a time to be
fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the
plaint to be barred by any law:
(e) where it is not filed in duplicate;
(f) where the plaintiff fails to comply with the provision
of rule 9:
254 [2026] 5 S.C.R.
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Provided that the time fixed by the Court for the
correction of the valuation or supplying of the requisite
stamp-paper shall not be extended unless the Court,
for reasons to be recorded, is satisfied that the plaintiff
was prevented by any cause of an exceptional nature
for correcting the valuation or supplying the requisite
stamp-paper, as the case may be, within the time
fixed by the Court and that refusal to extend such
time would cause grave injustice to the plaintiff.
xxx xxx xxx
13. Where rejection of plaint does not preclude
presentation of fresh plaint.—The rejection of the plaint
on any of the grounds hereinbefore mentioned shall not of
its own force preclude the plaintiff from presenting a fresh
plaint in respect of the same cause of action.”
4.1 In the instant case, an application was filed under Order VII
Rule 11(d) of the Code where the ground of rejection of the
plaint was that the suit appears from the statement in the plaint
to be barred by any law. In this regard, various decisions of this
Court with regard to rejection of plaint under Order VII Rule 11
of the Code could be discussed as follows:
a) In T. Arivandandam vs. T.V. Satyapal, (1977) 4 SCC 467,
this Court while examining the aforesaid provision held that
the trial court must remember that if on a meaningful and
not a formal reading of the plaint it is manifestly vexatious
and meritless in the sense of not disclosing a clear right to
sue, it should exercise the power under Order VII Rule 11
of the Code taking care to see that the ground mentioned
therein is fulfilled. If clever drafting has created the illusion
of a cause of action, it has to be nipped in the bud at the
first hearing by examining the party searchingly under
Order X of the Code.
b) The object of the said provision was laid down by this
Court in Sopan Sukhdeo Sable vs. Assistant Charity
Commissioner, (2004) 3 SCC 137. Similarly, in Popat
and Kotecha Property vs. State Bank of India Staff
Association, (2005) 7 SCC 510, this Court has culled out
[2026] 5 S.C.R. 255
S. Valliammai & Others v. S. Ramanathan & Another
the legal ambit of Order VII Rule 11 of the Code.
c) It is trite law that not any particular plea has to be
considered, but the whole plaint has to be read. As was
observed by this Court in Roop Lal Sathi vs. Nachhattar
Singh Gill, (1982) 3 SCC 487, only a part of the plaint
cannot be rejected and if no cause of action is disclosed, the
plaint as a whole must be rejected. Similarly, in Raptakos
Brett & Co. Ltd. vs. Ganesh Property, (1998) 7 SCC
184, it was observed that the averments in the plaint as
a whole have to be seen to find out whether clause (d) of
Order VII Rule 11 of the Code is applicable.
d) It was further held with reference to Order VII Rule 11
of the Code in Saleem Bhai vs. State of Maharashtra,
(2003) 1 SCC 557 that the relevant facts which need to
be looked into for deciding an application thereunder are
the averments in the plaint. The trial court can exercise the
power at any stage of the suit i.e. before registering the
plaint or after issuing summons to the defendant at any
time before the conclusion of the trial. For the purposes
of deciding an application under clauses (a) and (d) of
Order VII Rule 11 of the Code, the averments in the plaint
are germane and the pleas taken by the defendant in the
written statement would be wholly irrelevant at that stage.
e) In R.K. Roja vs. U.S. Rayudu, (2016) 14 SCC 275,
it was reiterated that the only restriction was that the
consideration of the application for rejection should not be
on the basis of the allegations made by the defendant in
his written statement or on the basis of the allegations in
the application for rejection of the plaint. The court has to
consider only the plaint as a whole and in case the entire
plaint comes under the situations covered by Order VII
Rules 11(a) to (f) of the Code, the same has to be rejected.
f) In Kuldeep Singh Pathania vs. Bikram Singh Jaryal,
(2017) 5 SCC 345, this Court observed that the court can
only see whether the plaint, or rather the pleadings of the
plaintiff, constitute a cause of action. Pleadings in the sense
where, even after the stage of written statement, if there
is a replication filed, in a given situation the same also
256 [2026] 5 S.C.R.
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can be looked into to see whether there is any admission
on the part of the plaintiff. In other words, under Order
VII Rule 11 of the Code, the court has to take a decision
looking at the pleadings of the plaintiff only and not on
the rebuttal made by the defendant or any other materials
produced by the defendant.
g) In an application under Order VII Rule 11 of the Code,
a plaint cannot be rejected in part. This principle is well
established and has been continuously followed since
the 1936 decision in Maqsud Ahmad vs. Mathra Datt &
Co. AIR 1936 Lah 1021. This principle is also explained
in another decision of this Court in Sejal Glass Ltd. vs.
Navilan Merchants Private Ltd., (2018) 11 SCC 780 which
was again followed in Madhav Prasad Aggarwal vs. Axis
Bank Ltd., (2019) 7 SCC 158.
h) In Sri Biswanath Banik vs. Sulanga Bose, (2022) 7
SCC 731, this Court discussed the issue regarding the
suit being barred by limitation or not and observed that
at that stage, what is required to be considered are the
averments in the plaint. Only in a case where on the face
of the plaint, it is seen that the suit is barred by limitation,
then and only then a plaint can be rejected under Order VII
Rule 11(d) of the Code on the ground of limitation. At that
stage what is required to be considered is the averments
in the plaint. For the aforesaid purpose, the Court has to
consider and read the averments in the plaint as a whole.
Order II Rules 1 and 2 of the Code:
5. Order II Rules 1 and 2 of the Code are extracted as under:
“Order II – Frame of Suit: -
1. Frame of suit.— Every suit shall as far as
practicable be framed so as to afford ground for final
decision upon the subjects in dispute and to prevent
further litigation concerning them.
2. Suit to include the whole claim.— (1) Every
suit shall include the whole of the claim which the
plaintiff is entitled to make in respect of the cause of
[2026] 5 S.C.R. 257
S. Valliammai & Others v. S. Ramanathan & Another
action; but a plaintiff may relinquish any portion of his
claim in order to bring the suit within the jurisdiction
of any Court.
(2) Relinquishment of part of claim.— Where a
plaintiff omits to sue in respect of, or intentionally
relinquishes, any portion of his claim, he shall not
afterwards sue in respect of the portion so omitted
or relinquished.
(3) Omission to sue for one of several reliefs.— A
person entitled to more than one relief in respect of
the same cause of action may sue for all or any of
such reliefs; but if he omits, except with the leave
of the Court, to sue for all such reliefs, he shall not
afterwards sue for any relief so omitted.
Explanation.— For the purposes of this rule an obligation
and a collateral security for its performance and successive
claims arising under the same obligation shall be deemed
respectively to constitute but one cause of action.”
5.1 Order II of the Code deals with frame of suit. Order II Rule 1
states that every suit shall as far as practicable be framed
so as to afford ground for final decision upon the subjects in
dispute and to prevent further litigation concerning them. Thus,
the fundamental aim of Order II Rule 1 is to avoid multiple
suits which may be founded on the same cause of action or
may be relating to the same subject-matter. Similarly, Order II
Rule 2 of the Code elaborates the objective of Order II Rule 1
thereof by stating the suit to include the whole claim and deals
with the consequences of relinquishment of a part of claim and
omission to sue for one of several reliefs. The object of Order
II Rule 2 is also to avoid multiplicity of suits. This is because
the litigant who does not include all the grounds available to
him on the subject in dispute in one suit and institutes several
suits against the same parties on the same subject in dispute,
would abuse the process of the Court.
5.2 The difference between Order II Rule 1 and Order II Rule 2 of the
Code is, that in Order II Rule 1, the phrase used is “subjects in
dispute” whereas in Order II Rule 2, the phrase used is “cause
258 [2026] 5 S.C.R.
Supreme Court Reports
of action”. Secondly, Order II Rule 2 provides that failure of a
plaintiff to abide by the mandate of the said Rule results in the
plaintiff being debarred from instituting a fresh suit for that claim.
However, Rule 1 does not provide for the consequences that
will result for non-compliance except possibly under Order VII
Rule 1(a). Thus, under Order II Rule 2, the bar is with regard
to the right to sue in the context of relinquishment of a part of
the claim and omission to sue for one of several reliefs [Order
II Rule 2 (sub-rules (2) and (3)].
5.3 Where a person is entitled to more than one relief in respect
of the same cause of action, he may sue for all the reliefs or
he may sue for one or more of them and reserve his right with
the leave of the court to sue for the rest. It is only when more
than one relief is claimed under a particular cause of action
sued on, that the plaintiff can reserve one or some of them with
the leave of the court.
5.4 It is for the defendant who raises the plea of bar under Order
II Rule 2 of the Code to establish that:
(i) the subsequent suit was in respect of the same cause of
action on which the earlier suit was based;
(ii) in respect of such a cause of action the plaintiff was entitled
to more than one relief; and
(iii) without the leave of the court he had omitted to claim
such a relief in the earlier suit, claimed by him thereafter
in the subsequent suit [B. Shambumal vs. State Bank
of Mysore, AIR 1971 Mys. 156].
However, if the right to relief in respect of which a further suit is
brought did not exist at the date of institution of the former suit,
the subsequent suit is not barred [State of Uttar Pradesh vs.
Mool Chand, AIR 1972 All. 413].
5.5 While filing the first suit, if the plaintiff reserves his right with
the leave of the court to sue for the rest of the reliefs then he
can file a second suit for the remaining reliefs. On the other
hand, if no such leave is obtained, he will be precluded from
afterwards suing for any relief so omitted. Certain judgments of
this Court could be referred to only in the context of rejection
[2026] 5 S.C.R. 259
S. Valliammai & Others v. S. Ramanathan & Another
of the plaint under Order VII Rule 11(d) of the Code later as
the controversy in the present case is in the above context.
5.6 Order II Rule 2 of the Code deals with the reliefs sought in
a suit by the plaintiff in respect of a cause of action. Order II
Rule 2(1) thereof states that every suit shall include the whole
of the claim which the plaintiff is entitled to make in respect of
the cause of action; but a plaintiff may relinquish any portion
of his claim in order to bring the suit within the jurisdiction of
any court. Order II Rule 2(2) of the Code states that where a
plaintiff omits to sue in respect of, or intentionally relinquishes,
any portion of his claim, he shall not afterwards sue in respect
of the portion so omitted or relinquished. Order II Rule 2(3) of
the Code states that a person entitled to more than one relief
in respect of the same cause of action may sue for all or any
of such reliefs; but if he omits, to sue for all such reliefs, except
with the leave of the court, he shall not afterwards sue for any
relief so omitted.
5.7 The expression “same cause of action” is significant. On the
basis of a cause of action, if a plaintiff is entitled to several
reliefs but he omits to sue for all such reliefs, he is forbidden
to sue for such relief unless he has reserved his right to sue
thereafter by a separate suit. The object of Order II Rule 2 of
the Code is based on the principle that the defendants should
not be vexed twice for the same cause of action which is a
principle akin to the principle of res judicata. Therefore, there
cannot be splitting of claims and splitting of remedies which arise
on the same cause of action. Secondly, the principle applies
between the same parties. Therefore, the test is the identity of
cause of action for the principle under Order II Rule 2 of the
Code to be applied. If a cause of action enables the person
to ask for larger and wider reliefs and if the plaintiff limits his
claim, then subsequently, he cannot seek the remaining reliefs
by filing fresh proceedings.
5.8 However, it is necessary to bear in mind that it is not incumbent
that the suit should include all the reliefs even though the cause
of action has not arisen for seeking certain reliefs inasmuch as
a suit may be filed for an appropriate relief and if a subsequent
cause of action arises additional reliefs could be sought by filing
260 [2026] 5 S.C.R.
Supreme Court Reports
a subsequent suit. Thus, in order to apply Order II Rule 2 of the
Code, the earlier suit should have been founded on the same
cause of action on which the subsequent suit is based and if,
in the earlier suit, the plaintiff had omitted to sue in respect of
or intentionally relinquished any portion of his claim, he will not
subsequently be entitled to sue in respect of the portion of his
claim so omitted or relinquished.
5.9 The tests for determining whether Order II Rule 2 of the Code
would apply in a particular case is, whether, the relief sought in
the second suit or the subsequent suit is, in fact, founded upon
a cause of action distinct from that which was the foundation
for the former suit. If the answer to this question is in the
affirmative, then the bar under Order II Rule 2 of the Code
would not apply. Therefore, if there are different causes of
action arising even out of the same transaction, the plaintiff is
not obliged to bring a suit with regard to all of them. Similarly,
when the cause of action on the basis of which the earlier suit
was brought, does not form the foundation for the subsequent
suit and in the earlier suit, the relief sought in the subsequent
suit could not have been claimed, then, the subsequent suit
is not barred. Thus, the applicability of the bar under Order II
Rule 2 of the Code revolves on the meaning to be given to the
expression ‘cause of action’.
5.10 In Mohammad Khalil Khan vs. Mahbub Ali Mian, 1948
SCC OnLine PC 44 (“Mohammad Khalil Khan”), the Privy
Council noted that the expression ‘cause of action’ has not been
legislatively defined in any enactment but observed that the
said expression means every fact which would be necessary
for the plaintiff to prove, if traversed, in order to support his
right to the judgment of the court. That, the expression ‘cause
of action’ does not comprise every piece of evidence and has
no relation whatsoever to the defence that may be set up by
the defendant but it references to the media upon which plaintiff
requests the court to arrive at a conclusion in his favour.
5.11 In Mohammad Khalil Khan, it was observed that what would
constitute the cause of action in a suit must always depend upon
the particular facts of the case. Further, in order to determine
the question whether cause of action in the two suits is the
[2026] 5 S.C.R. 261
S. Valliammai & Others v. S. Ramanathan & Another
same or not, one of the tests that could be applied is, whether,
the same evidence would support the claims in both suits; if
the evidence required to support the claims is different, then
the causes of action are also different. In the said case, the
following principles were laid down after discussing a number
of judicial precedents on the applicability of Order II Rule 2 of
the Code in the following way:
“The principles laid down in the cases thus far discussed
may be thus summarised:—
(1) The correct test in cases falling under O. 2, R. 2,
is “whether the claim in the new suit is in fact founded
upon a cause of action distinct from that which was
the foundation for the former suit.” [Moonshee Buzloor
Ruheem v. Shumsunnissa Begum, (1867) 11 Moo. I.A.
551, 605].
(2) The cause of action means every fact which will be
necessary for the Plaintiff to prove if traversed in order
to support his right to the judgment. [Read v. Brown,
(1888) 22 Q.B.D. 128, 131].
(3) If the evidence to support the two claims is different,
then the causes of action are also different. [Brunsden v.
Humphrey, (1884) 14 Q.B.D. 141, 146].
(4) The causes of action in the two suits may be
considered to be the same if in substance they are
identical. [Brunsden v. Humphrey, (1884) 14 Q.B.D.
141, 146].
(5) The cause of action has no relation whatsoever to the
defence that may be set up by the Defendant nor does it
depend upon the character of the relief prayed for by the
Plaintiff. It refers… to the media upon which the Plaintiff
asks the Court to arrive at a conclusion in his favour. [Mst.
Chand Kour v. Partab Singh, (1888) L.R. 15 I.A. 156, 157].
This observation was made by Lord Watson in a case
under S. 43 of the Act of 1882 (corresponding to O. 2,
R. 2) where Plaintiff made various claims in the same suit.”
5.12 Recently, in Cuddalore Powergen Corporation Ltd. vs.
Chemplast Cuddalore Vinyls Limited, 2025 SCC OnLine
262 [2026] 5 S.C.R.
Supreme Court Reports
82, this Court speaking through Pardiwala J. observed in
paragraph 47 as under:
“47. On a conspectus of the aforesaid discussion, what
follows is that:
i. The object of Order II Rule 2 is to prevent the
multiplicity of suits and the provision is founded on
the principle that a person shall not be vexed twice
for one and the same cause.
ii. The mandate of Order II Rule 2 is the inclusion of
the whole claim arising in respect of one and the
same cause of action, in one suit. It must not be
misunderstood to mean that all the different causes
of action arising from the same transaction must be
included in a single suit.
iii. Several definitions have been given to the phrase
“cause of action” and it can safely be said to mean -
“every fact which would be necessary for the plaintiff
to prove, if traversed, in order to support his right to
the judgment of the Court”. Such a cause of action
has no relation whatsoever to the defence that may
be set up by the defendant, nor does it depend
upon the character of the relief which is prayed for
by the plaintiff but refers to the media upon which
the plaintiff asks the Court to arrive at a conclusion
in his favour.
iv. Similarly, several tests have been laid out to
determine the applicability of Order II Rule 2 to a
suit. While it is acknowledged that the same heavily
depends on the particular facts and circumstances
of each case, it can be said that a correct and
reliable test is to determine whether the claim in the
new suit is in fact founded upon a cause of action
distinct from that which was the foundation of the
former suit. Additionally, if the evidence required
to support the claims is different, then the causes
of action can also be considered to be different.
Furthermore, it is necessary for the causes of action
[2026] 5 S.C.R. 263
S. Valliammai & Others v. S. Ramanathan & Another
in the two suits to be identical in substance and not
merely technically identical.
v. The defendant who takes shelter under the bar
imposed by Order II Rule 2(3) must establish that
(a) the second suit was in respect of the same
cause of action as that on which the previous suit
was based; (b) in respect of that cause of action,
the plaintiff was entitled to more than one relief; and
(c) being thus entitled to more than one relief, the
plaintiff, without any leave obtained from the Court,
omitted to sue for the relief for which the second
suit had been filed.
vi. The defendant must also have produced the earlier
plaint in evidence in order to establish that there is
an identity in the causes of action between both the
suits and that there was a deliberate relinquishment
of a larger relief on the part of the plaintiff.
vii. Since the plea is a technical bar, it has to be
established satisfactorily and cannot be presumed
merely on the basis of inferential reasoning.”
(Underlining by us)
On a reading of the above, what emerges is that the defendant
must establish that the second suit was in respect of the
same cause of action on which the previous suit was based.
The defendant must produce the plaint in the earlier suit
in evidence in order to establish that there is an identity in
the causes of action between the two suits and there was a
deliberate relinquishment of a larger relief on the part of the
plaintiff. The defendant in a suit must establish satisfactorily
the issue and the technical bar cannot be presumed merely
on the basis of an inferential reasoning.
5.13 Bar to sue is distinct from a suit being barred by any law. In the
former, a suit cannot be commenced at all and, therefore, would
have to be dismissed on the application of Order II Rule 2 of
the Code, while in the latter case, a suit can be commenced
but is not entertainable owing to a bar in law. Under Order II
264 [2026] 5 S.C.R.
Supreme Court Reports
Rule 2, a suit can be dismissed after recording evidence
depending upon the facts and circumstances of the case and
on the analysis of the cause of action in a former suit and a
subsequent suit. In the case of rejection of a plaint, recording
of evidence on the bar to file a suit may not be necessary
in all circumstances. It all depends on the nature of the bar.
5.14 To sue, according to Webster Dictionary, is “to seek justice
or right by legal process”. According to Strouds’ Judicial
Dictionary, (Fifth Edition, p.2540) the words “to sue” is said to
have meaning generally speaking, ‘of bringing action’. Thus,
the word ‘sue’ means to institute or commence a proceeding
and has reference to the point of time when the suit is instituted
and not to any subsequent stages of the suit. The word ‘sue’
means to take any legal proceedings in accordance with the
provisions of the Code.
5.15 Thus, the right to sue is circumscribed by what is stated under
Order II Rules 1 and 2 of the Code. Order II Rule 2(1) states
that every suit shall include the whole of the claim which the
plaintiff is entitled to make in respect of the cause of action;
but a plaintiff may relinquish any portion of his claim in order
to bring the suit within the jurisdiction of the court. With regard
to relinquishment of part of the claim and omission to sue for
one of several reliefs, the consequences are stated in sub-rules
(2) and (3) of Order II Rule 2 of the Code. Thus, under the
said sub-rules the right to sue in respect of relinquishment of a
claim or omitted reliefs in the absence of conditions occurring
therein would not arise. Therefore, sub-rules (2) and (3) of
Order II Rule 2 deal with claims and reliefs.
5.16 Further, on a comparative analysis of the plaint in the first
suit and the second suit, the following aspects have to be
considered:
(i) Whether parties and their privies are the same in the
two suits?
(ii) Whether the cause of action in the two suits is identical
or distinct?
(iii) Whether the subject matters of the two suits are different?
(iv) Any such other point of identity or distinction.
[2026] 5 S.C.R. 265
S. Valliammai & Others v. S. Ramanathan & Another
5.17 Turning to Order VII Rule 11 (d), it deals with rejection of plaint
and not the right to sue being barred. A rejection of a plaint
is as per clauses (a) to (f) mentioned in Order VII Rule 11.
Order VII Rule 11 (d) states that the plaint shall be rejected
where the suit appears from the statement in the plaint to
be barred by any law. Therefore, the crucial words are, the
filing of the suit being barred by any law. The issue, whether
the suit is barred by any law has to be determined from the
statement in the plaint. The expression “statement in the plaint”
would mean not only a meaningful reading of the averments
in the plaint but also a meaningful reading of the documents
appended to the plaint. Thus, it is on a meaningful reading of
the plaint and the annexed documents, the suit should appear
to be barred by any law. Hence, the written statement or any
other document cannot be taken into consideration in order
to ascertain whether the suit is barred by any law.
5.18 When the expression “barred by any law” is read in juxtaposition
with Order II Rule 2 of the Code, it is already noted that Order
II Rule 2 does not bar the filing of any suit but sub-rules (2)
and (3) forbids the suing for certain claims which have been
relinquished or certain reliefs which have been omitted to sue
in the earlier suit in respect of which a plaintiff cannot sue for
those claims or reliefs by filing a subsequent suit.
5.19 On the other hand, the bar to filing of any suit in law under
Order VII Rule 11(d) is distinct. The law must bar the filing of a
suit either by an express bar or by an implied bar. An example
of an express bar of a suit is in Section 34 of the Securitisation
and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (for short, “SARFAESI Act, 2002”)
which reads as under:
“34. Civil court not to have jurisdiction.—No
civil court shall have jurisdiction to entertain any
suit or proceeding in respect of any matter which a
Debts Recovery Tribunal or the Appellate Tribunal
is empowered by or under this Act to determine and
no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken
in pursuance of any power conferred by or under this
266 [2026] 5 S.C.R.
Supreme Court Reports
Act or under the Recovery of Debts Due to Banks
and Financial Institutions Act, 1993 (51 of 1993).”
If Section 34 of the SARFAESI Act, 2002 applies in a case,
then, such a suit is barred in law. If on a meaningful reading
of the plaint a suit is barred in law, then the plaint itself has
to be rejected. In other words, the suit can be filed but the
plaint has to be rejected for reasons enumerated in Order VII
Rule 11 of the Code such as the suit being barred by any law.
When a plaint is rejected, a fresh suit could be filed only in
terms of Order VII Rule 13 which is extracted above. The said
provision would however not apply, if there is absence of a
cause of action, the suit is hit by limitation or on the principle
of res judicata or is otherwise barred by law.
5.20 As opposed to the above, under Order II Rule 2 of the Code,
the right to sue is taken away in terms of sub-rules (2) and (3)
thereof which means that the suit could not have been filed
at all. On the other hand, under Order VII Rule 11(d), there
is “no bar to sue” but “the suit is barred by law from being
filed”. There is a subtle but distinct difference between the
two. If the conditions under sub-rules (2) and (3) of Order II
Rule 2 of the Code are satisfied in a case, it would be a case
of there being a curtailment of the right to sue for the claims
relinquished or omitted in the earlier suit. It is not a case where
the plaint has to be rejected as it is barred by the provision
of Order II Rule 2 [sub-rules (2) and (3)]. In other words, the
application of Order II Rule 2 of the Code to a case can result
in rejection of reliefs being granted to a plaintiff which may,
in certain cases, also result in dismissal of the suit itself. But
it does not result in rejection of the plaint under Order VII
Rule 11 (d) of the Code.
5.21 We think that in a case where Order II Rule 2 of the Code
applies, there is no legal bar to filing a suit but the reliefs
sought for or the claims made therein cannot be granted if
the conditions mentioned therein apply. For arriving at such a
conclusion, there has to be evidence let in in order to determine
whether the provision of Order II Rule 2 would apply to the
suit or not. On the other hand, in the case of Order VII Rule
11(d), if there is express or implied bar for filing of a suit under
[2026] 5 S.C.R. 267
S. Valliammai & Others v. S. Ramanathan & Another
any law then on a meaningful reading of the plaint, it has to
be rejected. The suit need not proceed to record evidence
on merits but only to the extent where evidence is necessary
to be recorded for the purpose of rejection of the plaint such
as on the ground of the suit being bit by law of limitation or
on the principle of res judicata. Thus, the bar created by any
law to the filing of a suit is different from a plaintiff suing for
certain claims or reliefs which he could not have claimed or
sued having regard to Order II Rule 2 of the Code. Therefore,
in our view, the application of Order II Rule 2 cannot be
construed to be a ground for rejection of the plaint under
Order VII Rule 11(d) of the Code.
6. The judgments relied upon by learned senior counsel for the
respondent have mainly dealt with Order II Rule 2 of the Code.
We refer to the two judgments which deal in the context of Order II
Rule 2 as well as Order VII Rule 11 of the Code.
6.1 In the case of N.V. Srinivasa Murthy vs. Mariyamma (Dead)
by proposed LRs, (2005) 5 SCC 548, the facts were that the
appellant-plaintiff therein had earlier filed a suit bearing Civil
Suit No.557/1990 seeking the relief of permanent injunction
against the defendants from interfering with the possession
and enjoyment of scheduled lands. A subsequent suit was
filed on 26.08.1996, by the very same plaintiff against the
defendant seeking a declaration that the registered sale deed
dated 05.05.1953 was a loan transaction and also sought for
permanent injunction and specific performance of the oral
agreement of reconveyance of the property by a registered
instrument.
6.1.1 In the said plaint it was contended that the father of the
plaintiffs had incurred some debts and had therefore
borrowed a sum of Rs. 2000 from the predecessor-in-
title of the defendants. By way of security for the loan
advanced, a registered sale deed was executed on
05.05.1953 with an oral agreement that on return of the
borrowed sum with interest, a registered reconveyance
deed shall be executed in favour of the borrower.
Thereafter, the defendant executed receipts in favour of
the plaintiff, acknowledging the return of loan amount.
268 [2026] 5 S.C.R.
Supreme Court Reports
However, it was alleged that the defendants made an
attempt to interfere with the plaintiffs’ possession and
enjoyment of the suit lands. Answering the issue of
whether the subsequent suit was barred under Order II
Rule 2 of the Code, this Court observed that whatever
relief the plaintiffs desired to claim from the civil court on
the basis of averment with regard to the registered sale
deed of 1953 could and ought to have been claimed in
original Civil Suit No. 557 of 1990 which was pending at
that time and therefore it was held that the second suit
claiming indirectly relief of declaration and injunction was
barred by Order II Rule 2 of the Code. It was held that
the plaint in the subsequent suit was liable to be rejected,
if not on the ground that it does not disclose “cause of
action”, on the ground that from the averments in the
plaint, the suit was barred by law within the meaning of
clause (d) of Order VII Rule 11 of the of the Code.
6.1.2 In the aforesaid case, the issue of suit being barred by
limitation was accepted as the registered sale-deed dated
05.05.1953 was the basis for instituting the suit by taking
recourse to orders passed in the mutation proceedings
by the Revenue Courts. Hence, it was stated that on
a critical examination of the plaint, the suit was clearly
barred on the facts stated in the plaint itself. In the
above context, it was also observed that the second suit
indirectly claimed the relief of declaration and injunction,
and hence it was apparently barred by Order II Rule 2
of the Code. What primarily impressed this Court in the
aforesaid case was the fact that the second suit was
barred by the law of limitation and hence Order VII Rule
11(d) of the Code applied.
6.2 In State Bank of India vs. Gracure Pharmaceuticals Ltd.,
(2014) 3 SCC 595-602, respondent-plaintiffs therein had availed
of various credit facilities from the appellant-defendant bank
therein. The plaintiffs had an export order from M/s Medipharma
Company, France, which had opened two letters of credit (for
short, “LCs”)- one was opened with Credit du Nord Paris (for
short, “CDN”) and another was opened with BNP-Paribas
S.A, Ivry-Sur-Seine (for short, “BNP”). The date of issue of
[2026] 5 S.C.R. 269
S. Valliammai & Others v. S. Ramanathan & Another
the first LC by CDN was 16.01.2001 and it was to expire on
10.04.2001. Similarly, a second LC opened with BNP was issued
on 16.01.2001 and was to expire on 30.04.2001. The proceeds
of the export deal were paid by the appellant bank honouring
the bills of exchange against the LC opened with CDN and
BNP and credited the same to the account of the respondent-
plaintiffs therein subject to realisation of the Letter of Credit
(“LCs”). Since the amounts of the LCs were not received with
the issuing bank, the amounts were debited to the account of
the respondent on account of non-receipt of the LCs. The Bank
sent various letters to the respondent to regularise the accounts.
Since the accounts were not regularised, the appellant-bank
decided not to grant further facility. The closure of the account
was done on 20.03.2002 due to the fault of respondent-plaintiffs
therein on non-regularisation of their accounts i.e. after non-
receipt of payment of the LCs, the account became irregular
and remained so continuously. Plaintiffs therein filed the first
suit dated 15.05.2003 before the High Court seeking recovery
of Rs.44,30,994 with interest, alleging wrongful debits relating
to the LCs. Subsequently, a second suit dated 21.05.2003 was
filed before the District Court seeking damages of ₹3,09,000
with interest, alleging wrongful withdrawal of credit facilities by
the bank. This Court held that both suits arose from the same
cause of action, the relief claimed in the second suit could have
been claimed in the first suit, and therefore the second suit
was barred under Order II Rule 2 of the Code. It was observed
that the facts, on the basis of which the subsequent suit was
filed, existed on the date on which the earlier suit was filed.
The earlier suit was filed on 15.03.2003, and the subsequent
suit was filed on 21.05.2003. No fresh cause of action arose
between the first suit and the second suit. The closure of the
account, as already indicated, was intimated on 20.03.2002
due to the alleged fault of the respondent – plaintiff therein in
not regularising their accounts, i.e. after non-receipt of payment
of LC, the account became irregular. When the first suit for
recovery of dues was filed, i.e. on 15.03.2001 for alleged relief,
damages sought for in the subsequent suit could have also
been sought for. It was therefore held that the respondent had
omitted certain reliefs which were available to it at the time of
filing of the first suit and after having relinquished the same, it
270 [2026] 5 S.C.R.
Supreme Court Reports
could not have filed a separate suit in view of the provisions
of sub-rule 2 of Order II Rule 2 of the Code.
6.2.1 In this case, it was observed that the earlier suit was
filed on 15.03.2003 and the subsequent suit was filed on
21.05.2003 and there was no fresh cause of action which
arose between the first and the second suit. Therefore,
the respondent therein was not entitled to split the cause
of action into parts by filing separate suits. However, it
is necessary to note that although Order II Rule 2 of the
Code may have been applied to the facts of the said
case, the plaint was not rejected under Order VII Rule
11(d) thereof as such but possibly under Order VII Rule
11(a) of the Code as in paragraph 17, it was noted by
this Court as under:
“17. When we go through the abovequoted
paragraph it is clear that the facts on the basis
of which the subsequent suit was filed, existed
on the date on which the earlier suit was filed.
The earlier suit was filed on 15.03.2003 and
subsequent suit was filed on 21.05.2003. No
fresh cause of action arose in between the
first suit and the second suit. The closure of
account, as already indicated, was intimated
on 20.03.2002 due to the alleged fault of the
respondent in not regularising their accounts
i.e. after non-receipt of the payment of the
LC, the account became irregular. When the
first suit for recovery of dues was filed i.e. on
15.03.2001 for alleged relief, damages sought
for in the subsequent suit could have also been
sought for.”
(Underling by us)
Therefore, the aforesaid two decisions of this Court could be
distinguished from the facts applicable to the present case.
7. A juxtaposition of the above discussion with the discussion for rejection
of a plaint under Order VII Rule 11(d) of the Code must be made.
On a conjoint reading of Order II Rule 2 with Order VII Rule 11(d)
[2026] 5 S.C.R. 271
S. Valliammai & Others v. S. Ramanathan & Another
of the Code, it emerges that the plea under Order II Rule 2 of the
Code cannot be a basis or a ground for rejection of the plaint. In
other words, it is for the defendant to establish by way of evidence,
the bar of the subsequent suit under Order II Rule 2 of the Code
filed by the very same plaintiff. In such an event, on a comparative
analysis of the plaint filed in the first suit and the plaint filed in the
second suit, if the Court comes to the conclusion that the second
suit was filed on an identical cause of action which led to the filing
of the first suit and there was an omission to make the claim or to
reserve the reliefs to be claimed in the first suit in a subsequent suit,
then the bar under Order II Rule 2 of the Code would apply to the
subsequent suit or the second suit. Then the claims or reliefs not
maintainable would be rejected as the plaintiff could not have sued
for those reliefs by filing a second suit, although technically, the filing
of such a suit was not barred by any law. On the other hand, if the
cause of action for filing the second suit is totally distinct from the
cause of action from filing the first suit and the reliefs claimed are
distinct, subject-matter of the suits are different and if the parties to
the suit are also different then in such a case, the plea under Order
II Rule 2 of the Code would not arise at all. The above are, inter alia,
the heads of distinction to be analysed while analysing the plaints
in the first/former suit and a subsequent suit.
8. In the present case, the defendant was not successful in getting
his application under Order VII Rule 11(d) of the Code allowed.
Consequently, the defendant filed civil revision petition under Section
115 of the Code before the High Court. The High Court, after narrating
the respective contentions of the parties, has analysed the averments
in the plaint filed in OS No.4722 of 2012 (first suit) in juxtaposition with
the plaint in OS No.2320 of 2013 (second suit). On a conjoint reading
of the two plaints, the High Court has observed that on a reading of
the averments in paragraph 7 of the plaint in OS No.4722 of 2012
that S Valliammai (plaintiff No.1 in the second suit) was aware that
the properties in the present suit were already given to the share of
defendant No.1 in the said suit (revision petitioner No.1 before the
High Court). That the power of attorney dated 04.11.2011 was not
challenged by M. Sokkalingam during his lifetime (plaintiff No.2 in
the first suit). That the second suit was filed after the demise of M.
Sokkalingam by his widow and his two daughters challenging the
power of attorney in favour of defendant No.2 in the said suit. The High
272 [2026] 5 S.C.R.
Supreme Court Reports
Court has also gone into the merits of the prayers sought for by the
plaintiff in the second suit. The High Court has further observed that
the first plaintiff in the second suit did not seek leave to file another
suit and that there was an omission to assail the power of attorney
in the first suit and that there was no separate cause of action to
file another suit. That the plaintiffs in the second suit were aware of
the execution of the power of attorney dated 04.11.2011, hence, the
cause of action for both the suits were one and the same. The High
Court has further analysed the averments in the second suit, as if
it is evidence. The High Court has also considered the implication
of the release letters executed by the daughters and consequently,
held that the Trial Court erred in concluding that the cause of action
for the two suits is different and distinct.
8.1 The above approach of the High Court in analysing the averments
made in the second suit as if it is evidence, in juxtaposition with
the averments made in the first suit is improper in view of our
aforesaid discussion. Therefore, the High Court was not justified
in allowing the Civil Revision Petition.
9. In the result, the appeal is allowed and the judgment and order of the
High Court is set-aside. The order of the trial court in O.S. No.2320
of 2013 is restored along with the plaint.
All observations made in this appeal are only for the purpose of
disposal of this appeal and would not have a bearing on the merits
of the suit to be tried by the trial court.
The parties to bear the respective costs.
Result of the case: Appeal allowed.
†
Headnotes prepared by: Divya Pandey
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