Law: Civil Procedure Code (V of 1908)

Section: 2

  Suit No. 46 of 1960, decided on 16th August 1965.   Civil Procedure Code (V of 1908)-----O. II, r. 2-Provisions attracted only when cause of action in two separate suits same Test to determine identity of cause of action.   Provisions of Order II, rule 2 of the Civil Procedure Code, 1908 lay down that every suit must include the whole of the claim to which the plaintiff is entitled in respect of the same cause of action. Thus the question of applicability of Order II, rule 2 of the Civil Procedure Code will arise only when the cause of action in both the suits is same. Same matter can give rise to more than one cause of action. One of the tests to consider whether in two separate suits there is identity of cause of action is to see whether the same evidence can be led in proof of the claim. If the evidence to support the two claims is different then the cause of action would be different.   Swami Turiananda v. Sisir Kumar Sen P L D 1955 Dacca 96 ; Said Muhammad Khan v. Alam Slier Khan P L D 1959 Azad J & K 27; Bhimangouda v. S. I. Patil A I R 1960 Mysore 178; Shridhar Mahadeo v. Godulal Jethamal A I R 1940. Bom. 20 and Sheokumar Singh v. Bechan Singh A I R 1940 Pat. 76 ref.   Damages---Claim for fixed amount-Plaintiff to give details of damages and adduce evidence in proof of such detail.   Dates of hearing: 17th May and 1st June 1965.  JUDGMENT   Plaintiff (Abdul Rashid) has filed the present suit for recovery of rupees one lac by way of damages.   His case is that defendant No. 1 (Burmah-Shell Oil Storageand Distribution Company of Pakistan Ltd.) granted a licence to defendant No. 2 (Ahsanullah Khan) to run their petrol pump station near Green Nursery in PECH area on the main Road in the City of Karachi and all facilities for the sale of its petrol and petrol products. Defendant No. 2 was running this petrol pump under the name of Shaherah Service Station in partnership with Rokaria Brothers. It appears that some dispute arose between the partners in 1957 and it resulted in the retirement of two Rokaria Brothers in March 1957. On settlement of accounts, some amount was found due to these two brothers and…