The assignee of the holder of a life estate sued for declaration of title and injunction immediately...........

Professional Legal Knowledge Civil Procedure Code (CPC)

The assignee of the holder of a life estate sued for declaration of title and injunction, immediately after the death of the life estate-holder. The suit for declaration of title was decreed, but the suit for injection was dismissed after holding that the possession was with the defendants only. Subsequently, the assignee of the life estate filed a suit for possession on the strength of the title. The bar of O. 2, r 2 was raised by the defendant.

The bar under O. 2, r 2 is not applicable to the subsequent suit

In the first suit he plaintiffs could not claim the recovery of possession as they had sought only an injunction, claiming themselves to be in possession

Both (A) and (B)

None of these

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Explanation:

- Option 1: The bar under Order 2, Rule 2 is not applicable to the subsequent suit.

- Order 2, Rule 2 prevents splitting claims and requires that all reliefs be claimed in one suit if they arise from the same cause of action.

- In the first suit, the focus was on declaration and injunction, whereas the subsequent suit is focused on the possession based on title. These are considered different causes of action.

- Option 2: In the first suit, the plaintiffs could not claim the recovery of possession as they had sought only an injunction, claiming themselves to be in possession.

- The first suit was based on an injunction due to the belief that they were in possession. This is different from a possession claim which would follow a declaration of title.

- Option 3: Both (A) and (B).

- This combines the reasoning from both options and is correct due to the distinct focus of the two suits as per legal provisions.

- Option 4: None of these.

- This is incorrect since either Option 1 or Option 2, or both, are applicable.

Correct Answer: Option 3 - Both (A) and (B).