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Umabai Mangeshrao vs Vithal Vasudeo Shetti on 19 November, 1908

871 which was cited with approval in Umabai v. Vithal. (1908) 33 Bom. 293 But these decisions do not, in my opinion, conflict with the view which I have expressed. They go no further, as I understand them, than deciding; that it is open or competent or lawful for a plaintiff suing in ejectment to join as co-defendants various alienees who are in possession of portions or fragments of the property in suit. They do not, I think, decide, what alone would assist the respondents here, that it is obligatory upon such a plaintiff to join all such alienees as co-defendants at the risk of forfeiting his right to recover from those whom he fails to join in his first suit: in other words, they do not decide that the cause of action supplied by one alienation is identical with the cause of action supplied by another.
Bombay High Court Cites 1 - Cited by 10 - Full Document

Kashinath Ramchandra vs Nathoo Keshav on 24 February, 1914

4. The question whether that decision is right seems to me to turn entirely upon whether the cause of action in the earlier suit was identical with, or different from, the cause of action in the present suit, and I differ from the learned Judges of the Courts below, because, in my opinion, the two causes of action are distinct. As was said in Kashinath Ramchandra v. Nathoo Keshav (1914) 38 Bom. 444 at p. 447 "the expression 'cause of action' refers... to the media upon which the plaintiff asks the Court to arrive at a conclusion in his favour" and "to every fact which it would be necessary for the plaintiff to prove... in order to support his right to the judgment of the Court."
Bombay High Court Cites 0 - Cited by 5 - Full Document
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