Examveda

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. 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

B. 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 entirely distinct

C. Either A or B

D. None of these

Answer: Option B


This Question Belongs to Law >> Code Of Civil Procedure

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