1789/2022 Suit ARIF HASSAN ALI HASHWANI & OTHERS (Plaintiff) V/S SADRUDDIN HASHWANI & OTHERS (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 16-MAR-23
If a litigant is entitled to more than one relief in respect of same cause of action, as indeed, in the instant case, 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. Since provisions of Order II rule 2 CPC are penal in nature it would preclude a litigant to sue for a portion of claim or remedy so ignored or omitted. The plaintiffs have ignored and omitted to sue for all the claims and reliefs to which they were entitled with regard to a cause of action that is "breach of trust" and hence are precluded to have a next round of litigation on the original cause of action. Plaintiff can only ignore any of the matured relief at the risk of treating them as relinquished or ignored oneFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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