Relinquishment of part of claim in suit

Plaintiff instituted a suit for declaration and possession claiming therein the property left by her brother, who had died issue-less

Validity

Prior to filing the present suit, the plaintiff in the year 1990 had preferred a suit for her share from the legacy of her father despite having knowledge regarding the issue-less death of her brother in the year 1989

Cause of action to file the suit for her share in the legacy of her brother had accrued to the plaintiff soon after the death of her brother

Plaintiff in her previous suit had not claimed her share in the legacy of her brother

As such provisions of O.II, R.2, C.P.C. were fully attracted in the suit

None was to be twice vexed on the same cause of action and there had to be an end to litigation

Even otherwise the brother of plaintiff had alienated his total share during his lifetime and the plaintiff had given wrong statement in respect of her legacy

Revision petition was dismissed.

According to Order II, Rule 2, C.P.C splitting of claim and/or relief was prohibited, with the consequence that if a claim/relief, which a person was entitled to on the basis of a cause of action, was omitted and relinquished, such person/party was precluded to sue for the claim/relief so omitted.