Law: Civil Procedure Code (V of 1908)

Section: 11

  (a) Civil Procedure Code (V of 1908)-------   ------Order II, rule 2 --Several causes of action arising from same transaction-Plaintiff need not sue for all of them in one suit.   Rule 2 of Order II does not enjoin that where there are several causes of action arising from the same transaction, the plaintiff should sue for all of them in one suit. This rule is directed to securing the exhaustion of the relief in respect of a cause of action, even though they arise from the same transaction.   Payana Recna Saminathan and another v. Pana Lana Palaniappa 41 I A 142 (148) and Purushottam and another v. Atmaram Janardan and others I L R 23 Bom. 597 rel.   (b) Res Judicata------   ----Plea of res judicata-Available to both plaintiff and defendant-Civil Procedure Code (V of 1908), S. 11.   The principle of res judicata is mutual, and it is open as much to a plaintiff as to a defendant to show res judicata in his favour, and there can be no such bar in law which can prevent the plaintiff from relying upon the plea of res judicata, The rule of res judicata is a rule of procedure which prohibits the Court from investigating into a matter which has already been adjudicated upon between the same parties, no matter whether they are plaintiffs or defendants in a subsequent suit.   (e) Burden of proof------   -----Party who must fail must be party on whom onus to prove a particular fact rests.   In the absence of any evidence on the record the party who must fail must be the party on whom the onus to prove a particular matter rested because he must be held to have failed to adduce evidence on that or establish those facts which entitled him to get benefit of the rules laid down in a particular section.   (d) Limitation Act (IX of 1908)----------   --------Art. 91-Not applicable in case where document is sought to be declared to be benami.   Payana Reena Saminathan and another v. Pana Lana Palaniappa 41 I A 142 (148) ; Purushottam and another v. Atmaram Janardan and others I L R 23 Bom. 597 ; Sita Ram v. Amir Begam and others I L R 8 All. 324 (332) ; Mst. Bibee Efatoonnissa v. Khondkar Khoda Newaz and another…