NDLI: Pramod Kumar & Anr. Vs. Zalak Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Order II Rule 2(1) Suit to include the whole claim cpc
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Limitation Act, 1963 (36 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908: Order II, Rule 2(1) – Suit to include the whole claim – Two alienations by father of separate areas of the ancestral property, on different dates – Filing of separate suits for setting aside the two sale deeds – First suit dismissed by the trial court – Second suit dismissed by the trial court as also the appellate court on the ground of Order II, rule 2 and constructive res judicata – High Court setting aside the order – On appeal held: Order II, Rule 2(1) provides that a plaintiff is to include the whole of the claim, which he is entitled to make, in respect of the cause of action – However, if a plaintiff omits to sue or relinquishes intentionally any portion of his claim, he shall be barred from suing on that portion so omitted or relinquished – However, if different reliefs could be sought for in one suit arising out of a cause of action, if leave is obtained from the Court, then a second suit, for a different relief than the one claimed in the earlier suit, can be prayed for – Principle underlying Order II, Rule 2 is that no man can be vexed twice over the same cause of action. All claims and reliefs, which arise from a cause of action, must be comprehended in one single suit – On facts, at the time when the first suit was filed even though the second alienation could be challenged and it stemmed from one single cause of action and not two different causes of action, the mere fact that a different period of limitation is provided, cannot stand in the way of the bar under Order II, Rule 2 – At the time of filing of the first suit, late predecessorin-interest of the plaintiff, had also executed another sale deed which constituted the remaining portion of the land – Suits contained virtually identical averments in regard to both the transactions – In such circumstances, it was open to the plaintiff to seek relief in respect of the second sale executed by their predecessor-in-interest – On the same cause of action, the plaintiffs having omitted to sue in respect of the sale deed, the bar under Order II, Rule 2 would apply – Thus, the judgment of the High Court is set aside.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2019 INSC 666
Petitioner	Pramod Kumar & Anr.
Respondent	Zalak Singh & Ors.
SCR	[2019] 7 S.C.R. 919
Judgement Date	2019-05-10
Case Number	1055

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