CPC Case Brief – Coffee Board v. Ramesh Exports

Spread the love

You can grab notes on other topics of CPC here.

FACTS – Appellant board issued circular introducing the coffee export stamp for export of coffee. The respondent, registered with the board as a member exported coffee without the stamps. The board issued show cause notice which was replied by the respondent. Then respondent filed two consecutive suits praying for a decree for a specified amount and costs of suit. They said the board failed to supply the stamps which lead to delay in shipment of coffee resulting in losses.

Trial court decreed the first suit but dismissed the second suit. The high court partly allowed the appeals. The board came up with appeal before SC that the two suits filed by respondent were barred by Order 2 Rule 2 (comes into operation when cause of action on which previous suit was filed forms the foundation of the subsequent suit and when the plaintiff could have pleaded for the damages in the first suit, which he pleaded for in the subsequent suit).

Cause of action was when the respondent purchased coffee from appellant in an auction on the assurance that the ICO stamps would be supplied to them.

ISSUE – Whether the two suits filed by the respondent are barred under Order 2 Rule 2 CPC?

Held – In order to determine this, the courts examine the cause of action pleaded by the exporter in both suits. It is found that the cause of action in both suits is identical and relief claimed in a subsequent suit could have been pleaded in an earlier suit. Therefore, subsequent suits it barred under Order 2 Rule 2 of CPC.

You can grab notes on other topics of CPC here.

 


Spread the love

Leave a Reply

Your email address will not be published. Required fields are marked *