Law:

Section: 11,2

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11, O. VI, R. 2 & O.II, R. 2---Plaint, rejection of---Relinquishment of claim---Effect---Pleadings---Requirements---Plaintiff while framing suit was to bring all material facts into light and include whole of the claim which he/she was entitled to make in respect of cause of action---Plaintiff could relinquish or omit any claim or part thereof but once he chose so, afterwards he was not entitled to sue for such relinquished/omitted claim or part thereof---Plaintiff, in the present case, was not allotted suit land but some other land---Facts had not been properly worded by the plaintiff in the plaint---Plaintiff was to approach the Court with clean hands---One who seeks equity must come with clean hands---Substitution of another land merely for reason of processed grant of land under some unauthorized possession would bring all the procedural requirements of specific land to nullity---Plaintiff had not approached the Court with clean hands---Plaint should have made it clear that plaintiff was in the knowledge and notice of right, title and interest of defendant---Such deliberate relinquishment would have effect of precluding the plaintiff from suing for the same subsequently, which was sufficient for rejection of plaint---Exchange of land in favour of plaintiff had been cancelled and he had not challenged the said order before any forum---Status of cancellation order could not be determined if same was not part of pleadings and relief sought in the plaint---One could not build his case other than what he pleaded in the plaint nor any such evidence if led would be considered---Plaintiff should seek further relief for cancellation of documents in favour of defendant with regard to suit land but he had omitted to do so and mere declaration of title had been sought---Such declaration could not be made and in consequence of such incompetence the plaint was liable to rejection being barred by law---Board of Revenue was to ensure the title of land allotted in favour of the plaintiff and then possession be restored in his favour---Plaint was rejected in circumstances. (b) Civil Procedure Code (V of 1908)---…

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