ARIF HASSAN ALI HASHWANI vs SADRUDDIN HASHWANI Ss — 2024 PLD 75 KARACHI-HIGH-COURT-SINDH

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ARIF HASSAN ALI HASHWANI VS SADRUDDIN HASHWANI Ss. 42 & 54---Civil Procedure Code (V of 1908), O.II, R. 2 & O. VII, R. 11---Suit for declaration and injunction---Rejection of plaint---Relief not pressed---Defendants sought rejection of plaint on the plea that in earlier suits portion of claim given up was again raised by plaintiffs---Validity---If a litigant is entitled to more than one relief in respect of same cause of action, he has to sue for all or he may sue for any of the relief he may opt but the leftover would count as an omission to sue---Provisions of O. II, R. 2, C.P.C., are penal in nature and precludes a litigant to sue for a portion of claim or remedy so ignored or omitted---Plaintiffs ignored and omitted to sue for all claims and reliefs to which they were entitled with regard to a cause of action that was "breach of trust" and hence were precluded to have a next round of litigation on the original cause of action---Plaintiffs could only ignore any of the matured relief at the risk of treating them as relinquished or ignored one---Purported breach of trust of one defendant gave rise to a common cause of action and for any relief arising out of that common cause of action, provision of O. II, R. 2(2), C.P.C., provided that plaintiffs cannot split the relief into parts where the cause had been consumed in an earlier litigation so as to bring separate suits in respect of those parts left behind---Pleadings of the two suits disclosed that there was one cause i.e. breach of trust which would cover all promises that were made under a transaction, whether oral or in writing---Suit was hit by provisions of O. II, R. 2(2) C.P.C. and was barred under the law---High Court rejected the plaint under O. VII, R. 11, C.P.C.---Application was allowed, in circumstances.

ARIF HASSAN ALI HASHWANI vs SADRUDDIN HASHWANI Ss — 2024 PLD 75 KARACHI-HIGH-COURT-SINDH

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