Order 2 Rule 2 of CPC

(2011) 1 MADRAS LAW JOURNAL – Page 887

Order 2 Rule 2 – Execution of sale deed – Suit for permanent injunction restraining alienation of property to third parties – Ownership of property by means of a WILL which is to be probated – Filing of suit for permanent injunction without filing suit for specific performance – Maintainability of.  Held: When the cause of action for filing the suit for specific performance of contract has not arisen, it is impossible for the respondent to file a suit for specific performance of contract.  When an equally efficacious remedy is available by filing of suit for specific performance of contract in case of breach of agreement of sale, the suit for permanent injunction will not be maintainable as per Section 41(h) of the Specific Relief Act.