1969 (12) TMI 111

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....im his widow Ratnabai and a daughter by name Lakshmibai. Ratnabai succeeded to the estate, of her husband. She died in 1924. On her death Lakshmibai became entitled to the suit properties. But one Parwatibai,alias Prayag Bai took unlawful possession of the 'suit properties. Hence Lakshmibai instituted a suit for their possession in the court of Sadar Adalath, Gulbarga, against the said Parwatibai and obtained a decree. In execution of the said decree Lakshmibai obtained delivery of the lands described in Schedule 11 to the plaint. Lakshmibai died in 1948. Sometime thereafter Parwatibai also died. The defendant claiming to be the sister's son of Veerbaswanth Rao Deshmukh got himself impleaded as the legal representative of Lakshmibai....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....angely enough it was dismissed on the ground that it was hit by s. 42 of the Specific Relief Act inasmuch as the plaintiff did not sue for possession of the concerned property. Thereafter the suit from which this appeal arises was instituted by the plaintiff- on the basis of his title. The trial court dismissed his suit in respect of the lands mentioned in Schedule I of the; plaint on the ground that the relief in question is barred by Order 2, rule 2, Code of Civil Procedure. -It decreed the suit for the possession of the: lands mentioned in Schedule II except items 3 and 9. It also,, decreed the plaintiff's claim in respect of the- cash amount mentioned in the plaint. Both the plaintiff and the defendant went up in appeal to the High....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ty. His remedy was to file a suit for the possession of the concerned properties on the basis of his title. The High Court and the trial court proceeded on the erro- neous basis that the former suit was a suit for a declaration of 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 ....