Omission of claim in suit

2023 PLD 601 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

O. II, R. 2 & O. VII, R.11Specific Relief Act (I of 1877), Ss. 39, 42 & 54Rejecting of plaintOmission of claimSplitting of claim, bar against

Petitioners/plaintiffs filed two suits; in the first one they claimed shares of their mothers in the estate of deceased owner and had challenged Registered Deed of Family Settlement and Surrender Deed through which suit properties were distributed amongst legal representatives of deceased owner

While the first suit was pending, petitioners/plaintiffs instituted the second suit for declaration, possession and cancellation of documents

Respondents/defendant sought rejection of second suit under O. VII, R. 11, C.P.C. which application was dismissed by Trial Court but Lower Appellate Court in exercise of revisional jurisdiction allowed the same and rejected the plaint

Validity

Principle embodied in O. II, R. 2, C.P.C. directs that plaintiff has no right to maintain two separate actions involving same subject matter in same court and against same defendant

Provision of O. II, R. 2, C.P.C. puts bar on a party from bringing claims arising from same set of facts in successive suits

Party cannot split up the claim and bring only a portion thereof before court on which relief is sought and leave the rest to be prosecuted in a subsequent suit

Petitioners/plaintiffs violated mandatory rule and thus the bar on the second suit by terms of O. II, R. 2, C.P.C. was applicable to the present case

High Court declined to interfere in the order passed by Lower Appellate Court which rightly held that second suit instituted by petitioners/plaintiffs was hit by bar contained in O. II, R. 2, C.P.C.

Constitutional petition was dismissed accordingly.

2014 MLD 1417 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O. II, R.2Omission of claim in suitEffectOnce party approaches Court to seek relief, it has to seek all reliefs to which it thinks is entitled to

Any relief available but not asked for, cannot be claimed by filing a subsequent legal proceedings.