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.
A. The bar under O. 2, r 2 is not applicable to the subsequent suit
B. 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
C. Both A and B
D. None of these
Answer: Option C
This Question Belongs to Law >> Code Of Civil Procedure
Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
A. The suit is for recovery of property
B. Set-off claimed by the defendant is ascertained sum of money
C. Value of property recoverable is less than rupees two lacs
D. Defendant presents a written statement of the suit
A. Is barred under all circumstances
B. Is not barred at all
C. Can be filed with the leave of the court
D. Either B or C
A. Such property actually received or might have received together with interest
B. Property actually received including profits due to improvements made by such person
C. Such property actually received or might have received but without any interest on such profits
D. Such property actually received
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