Code of Civil Procedure, 1908–Order 2, Rule 2 & Order 7, Rule 11–Rejection of plaint by invoking the provisions of Order 2, Rule 2–View of Courts below that the relief of specific performance was required to be claimed in the earlier suit for permanent injunction–Such relief could not be claimed in earlier suit because both the reliefs are independent and one cannot include the other and vice versa–Both the reliefs are governed by different provisions and limitation for filing the suit is different–Further, both the reliefs are not identical and factual ingredients to constitute the respective cause of actions are different.
