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1 - 3 of 3 (0.24 seconds)Section 42 in The Specific Relief Act, 1963 [Entire Act]
Muhammad Hafiz And Ors. vs Muhammad Zakariya on 2 March, 1917
The High Court and the trial court proceeded on the erro-
neous basis that the former suit was a suit for a
declaration of
322
the plaintiff's title to the lands mentioned in Schedule I
of the plaint. The requirement of Order 2, rule 2, Code of
Civil Procedure is that every suit should include the whole
of the claim which the plaintiff is entitled to make in in
respect of a cause of ,action. - 'Cause of action' means the
'cause of action for which the suit was brought'. It cannot
be Said that the cause of action on which the present suit
was brought is the same as that in the previous suit. Cause
of action is a cause of action which gives occasion for and
forms the foundation of the suit. If that cause, ,of action
enables a person to ask for a larger and wider relief than
that to which he limits his claim, he cannot afterwards seek
to recover the balance by independent proceedings-see Mohd.
Hafiz vs. Mohd. Zakaria(1).
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