Which of the following tests are to be applied in cases where the plea of bar of the suit under O 2 ...........

Professional Legal Knowledge Civil Procedure Code (CPC)

Which of the following tests are to be applied in cases where the plea of bar of the suit under O. 2, r 2 is raised?

Whether the cause of action in the previous suit and that in the subsequent suit are identical

Whether the relief claimed in the subsequent suit could have been given in the previous suit on the basis of the pleadings filed in that suit

Whether the plaintiff omitted to sue for a particular relief on the cause of action which had been disclosed in the previous suit

All of these

- Option 1: This option tests whether the cause of action is the same in both suits. If it's identical, O.2, r 2 may bar the subsequent suit.

- Option 2: This considers if the relief in the later suit could have been requested in the initial one based on the original pleadings.

- Option 3: Here, the focus is on whether the plaintiff didn't seek a specific relief in the previous suit.

All these aspects determine whether the second suit is barred under O. 2, r 2.

Answer: Option 4 - All of these

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