Whether court can suo motto decide plea of O 2 R 2 of CPC?

Law web/ September 24, 2020/ Indian Law

 The plea of bar under Order II Rule 2 of the CPC is a technical plea which has to be pleaded and satisfactorily established. In R. A. Oswal v. Deepak Jewellers and Ors.3, this Court held that if the plea of bar under Order II Rule 2 is not taken, the Court should not suo moto decide the plea. Moreover, in Dalip Singh v. Mehar Singh Rathee and Ors.4, this Court held that the plea cannot be raised
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