FACTS: The appellant and respondent had a Leave and License agreement dated 25.11.2008, later superseded by a new agreement on 01.12.2010, with the appellant paying Rs. 30 lakhs monthly for warehouse use. After a default in payments, the respondent terminated the license via notice on 27.11.2014, claiming Rs. 2,04,68,464/- in arrears and damages, and sought possession. The appellant contested these claims and filed a commercial suit on 24.11.2015 seeking a declaration of a smaller area being provided. The respondent then applied for Order II Rule 2(3) CPC in the District Munsif Court, which was initially granted but later set aside by the High Court. The appellant has appealed this decision.

ISSUE: Whether a second suit on a different cause of action is barred under Order II Rule 2 CPC.

OBSERVATION: The Supreme Court held that a suit for possession is distinct from a suit for arrears and damages. Order II Rule 2 CPC requires all claims related to a single cause of action to be included in one suit. Since the suits were based on different causes of action, the filing of the subsequent suit for arrears and damages was permissible. The Court upheld the subsequent suit as there was no intention to relinquish these claims.