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

Civil Procedure Code (CPC) 1908 Judgment and Decree

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

- A suit for possession based on title is different from a suit for injunction. If the plaintiff was mistaken about their possession, they can later file for possession.

- 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 initial suit was only for an injunction, assuming possession. As possession was with the defendants, the plaintiff could not seek possession then.

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

- This option combines the reasons from Options 1 and 2, explaining why res judicata does not apply here.

- Option 4: None of these

- This option does not apply as both Options 1 and 2 are applicable.