Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. II, R.2---West Pakistan Land Revenue Act (XVII of 1967), S.135---Specific Relief Act (I of 1877), S.42---Omission or relinquishment of part of claim---Effect---Bar to file fresh suit---Remedy---Scope---Plaintiffs, through a suit filed in 1984, had claimed a part of share of property left by their deceased mother---Ten years later, after institution of previous suit, plaintiffs filed fresh suit against their co-sharers and subsequent purchasers, claiming therein entire share of their ancestral property---Defendants contested suit on ground that as plaintiffs did not claim their entire share in previous suit and their failure in that regard amounted to relinquishment of plaintiff's remaining share in property fresh suit was barred under O.II, R.2 of C.P.C.---Trial Court dismissed suit and appeal filed thereagainst was also dismissed by Appellate Court---Validity---Plaintiffs were to claim their entire share in previous suit---Cause of action in both suits was same, plaintiff's fresh suit was hit by O.II, R.2 of C.P.C.---Plaintiffs claimed to have reserved their right in form of a "Note" in plaint was neither permissible under law nor Court could permit to bring fresh suit later on for the claim omitted or relinquished---Under O.II, R.2 of C.P.C., plaintiffs were barred from seeking remedy from Civil Court in respect of their claim but it did not mean that plaintiffs were deprived of their right to suit property---Plaintiffs' right subsisted particularly when defendants/co-sharers had admitted plaintiffs, share in both suits---Provision of O.II, R.2, C.P.C. was not a legal impediment in the way of remedy available to plaintiffs under other laws---Under S.135 of West Pakistan Land Revenue Act, 1967 plaintiffs could get their share partitioned from disputed land and could seek declaratory decree from civil court under S.42 of Specific Relief Act, if their right to property was denied by defendants---Appeal was dismissed in circumstances. (b) Transfer of Property Act (IV of 1882)--- ----S. 44---Joint property, right of co-sharer---Scope---Under S.44 of Transfer of Property Act, 1882 a co-sharer could sell joint property…

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