Supreme Court says omitted specific performance claim remains barred despite later withdrawal liberty

The Supreme Court held that a party who first files only an injunction suit without reserving the specific performance relief cannot later use withdrawal liberty under Order 23 to bring that omitted claim. Buyers and lenders reviewing pending litigation over an agreement to sell should check whether the first suit split the reliefs, because that can decide whether the later sale-enforcement suit survives.

We have not written our own note on this one yet. The source report and, where we found it, the primary document are linked below.