Law:

Section:

a) Civil Procedure Code (V of 1908)-------O. II, R. 2---Omission or failure to include any of the reliefs in the plaint--=Effect---Provisions of 0.11, R.2, C.P.C.---Object---Omission or failure to include any of the reliefs in the plaint operated as relinquishment of that claim---Party instituting the proceedings had to include all reliefs flowing from main grievance, otherwise the omission was fatal, and as such, it was essential for the plaintiff to assert all claimable reliefs concerning the grievance of cause of action---Any such relief which flowed out of basic grievance if not claimed or omitted, then such party stood precluded from agitating such reliefs subsequently---Object of provisions of OJI, R.2, C.P.C. was to avoid splitting of claim and restrict multiplicity of litigation in the matter. (b) Civil Procedure Code (V of 1908)-------O. XXIII, R. 3---Withdrawal of suit, without permission to file fresh suit ---Effect--Such withdrawal debars institution of any fresh proceedings concerning such matter or part thereof. (c) Civil Procedure Code (V of 1908)-------O. II, R. 2 & O. XXIII, R. 3---Constitution of Pakistan (1973), Art. 185(2)---Filing of second suit on the same cause of action--­Relinquishment of claim in earlier suit---Earlier suit was withdrawn without any permission to file the fresh one on the same cause of action as a result of compromise effected between the parties out of Court---Plaintiff filed another suit on the same cause of action and the same was decreed by the Trial Court but High Court dismissed the same---Plaintiff had agreed to compromise with the defendant and had relinquished his other claim by filing statement for full and final settlement of his claim and did not reserve the right to claim compensation for filing the suit, as such his claim was not allowed by the High Court---Validity---Appeal of the defendant was accepted by the High Court with sound and cogent reasons and there being no error or irregularity in the same was not open to exception. Venkatadri Appa Rao v. Parthasabathi AIR 1925 PC 105; Indian Cable Co. Ltd. v. Sumitra Chakraborty AIR 1985 Cal. 248; Mitha Khan v. Muhammad Younus 1991 SCMR 2030; Abdul…

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