Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action.
The expression “cause of action” means a bundle of facts which required to be incorporated in the plaint in terms of Rule 1 of Order VII C.P.C.
According to Rule 1 of Order II, C.P.C., every suit shall as far as practicable be framed so as to afford ground for a final decision upon the subjects in the dispute and to prevent further litigation concerning them, whereas Rule 2 of Order II, C.P.C. explicates the niceties that every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action but the plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court. It is further provided under Sub-Rule (2) of Rule 2 of Order II CPC, that where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished. The expression “cause of action” means a bundle of facts which if traversed, a suitor claiming relief is required to prove for obtaining judgment which is always a fundamental element to confer the jurisdiction and enables a party to carry on an action in a court of law being a very significant constituent required to be incorporated in the plaint in terms of Rule 1 of Order VII C.P.C. The chequered history of the petitioner’s litigation transpires that he selected multiple forums to institute multiple litigations to challenge the action of the management instead of jotting down all the causes of action available to him for suing in one go. The petitioner could unite both the causes of action such as the rejection order of the appeal and the dismissal order from service promptly instead of splitting the claims and opting to challenge them separately in the High Court and Civil Court which created the complication of overlapping the proceedings and also multiplicity of proceedings.
C.P.2933/2019
Dr. Muhammad Amin v. Zarai Taraqiati Bank Ltd thr. Board of Director, Islamabad & others
Mr. Justice Muhammad Ali Mazhar
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