Supreme Court of India
Pramod Kumar & Anr. v. Zalak Singh & Ors.
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What the Court ordered
We are of the view that in such circumstances, this is a case where the plaintiff ought to have included relief in the form of setting 939 aside the second sale deed also.
Judgment, page 20
From the headnote
Code of Civil Procedure, 1908: Order II, Rule 2(1) – Suit t o include the whole claim – Two alienations by father of separate areas of the ancestral property, on different dates – Filing of separate suits for setting aside the two sale deeds – First suit dismissed by the trial court – Second suit dismisse d by the trial court as also the appellate court on the ground of Order II, rule 2 and constructive res judicata – High Court setting asid e the order – On appeal held: Order II, Rule 2(1) provides that a plainti ff is to include the whole of the claim, which he is entitled to make, in
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