Law:

Section:

(a) Civil Procedure Code (V of 1908)-

---- 0. 11, R.2 --- Omission to sue in respect of a portion of claim---Effect--- Plaintiff was required to secure exhaustion of entire relief which was due to him in respect of same cause of action at the time of filing suit --- Omission to sue in respect of any portion of that relief without leave of Court would debar him from filing another suit in respect of remaining portion of relief --- Where, however, at the time of filing of first suit cause of action in respect of remaining portion of relief had not accrued, plaintiff was not debarred from filing subsequent suit in respect of such portion of relief afterwards

Rama Kalappa Pujari v. Saidappa Sidrama Pujani and another AIR 1935 Bom. 306; Praphulachandra and others v. Rajbai and others AIR 1964 Madh. Pra. 129; Hoosain Bux and others v. Dur Muhammad and others PLD 1963 (W.P.) Kar. 969 and M/s. Hoosen Brothers Ltd. Karachi v. M/s. S. Abdulah and Co., Karachi PLD 1971 Kar. 729 rel.