Law: Specific Relief Act (I of 1877)

Section: 8, 39, 42, 54

Law: Civil Procedure Code (V of 1908)

Section: 115, O.II, R.2

Specific Relief Act (I of 1877) Ss.8, 39, 42 & 54--- Civil Procedure Code (V of 1908), S. 115 & O.II, R.2--- Suit for possession, cancellation of document, declaration and injunction---Relinquishing of claim---Effect---Suit and appeal filed by petitioner / plaintiff was dismissed by Trial Court and Lower Appellate Court respectively--- Plea raised by respondent / defendant was that in earlier round of litigation the petitioner plaintiff had relinquished the claim raised subsequently---Validity---Object of O.II, R.2, C.P.C. is twofold; first to ensure that no defendant is sued and vexed twice in regard to the same cause of action; second is to prevent a plaintiff from splitting any claim and remedies bases on the same cause of action--- Effect of O.II, R.2, C.P.C. is to bar a plaintiff, who had earlier claimed certain relief / remedies action, from filing second suit with regard to other relief based on same cause of action--- Second suit was not barred on different cause of action--- High Court in exercise of revisional jurisdiction declined to interfere in judgments and decrees passed by both the Courts below, which had rightly appreciated the provision of O.II, R.2, C.P.C.--- Revision was dismissed, in circumstances.        Cantonment Board through Executive Officer, Cantt. Board, Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161; PLD 2004 SC 178; PLD 1974 SC 80; 2006 SCMR 1262 and Khushi Muhammad and 2 others v. The Province of the Punjab through Secretary to Government of the Punjab and 2 others 199 SCMR 1633 ref. Abdul Hakim and 2 others v. Saadullah Khan and 2 others PLD 1970 sC 63 rel.               Date of hearing: 27th June, 2024.                                                                                                                        …