A sues B for specific performance of an agreement for the sale to him of B rsquo s land and obtains ...........

Civil Procedure Code (CPC) 1908 Execution

A sues B for specific performance of an agreement for the sale to him of B’s land, and obtains a decree. In execution of the decree, A is put in possession of a portion only of the land, as it is found that the rest of the land did not belong to B, but to B’s son.

A subsequent suit by A against B for recovery of a portion of the price to the extent of the son’s share is not barred under rule 2, the cause of action being the same

A subsequent suit by A against B for recovery of a por¬tion of the price to the extent of the son’s share is not barred under rule 2, the cause of action being entirely distinct

Either (A) or (B)

None of these

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Explanation:

A subsequent suit by A against B for recovery of a por¬tion of the price to the extent of the son’s share is not barred under rule 2, the cause of action being entirely distinct