SMT. SHANTI DEVI Vs. LATE BHAI LAL

JUDGEMENT

(1.) Petitioner Smt. Shanti Devi, the daughter of the deceased Bhai Lal, has applied for grant of Letters of Administration to the limited estate of the deceased as mentioned in Annexure-1 to the petition. The petitioner had previously also applied for grant of Letters of Administration with regard to the estate of the aforesaid deceased being Testamentary Case No. 36 of 2009. It was allowed vide judgment and order dated 15.2.2010 and Letters of Administration in respect of properties of the deceased as mentioned in the schedule of properties as per Annexure-1 to the earlier petition was issued. The properties mentioned in the schedule of property and enclosed with the present petition were not part of the earlier testamentary case. The aforesaid properties were left out from being mentioned while seeking Letters of Administration earlier. It is for this reason that the petitioner has applied for grant of another Letters of Administration.

(2.) The present petition for grant of Letters of Administration in effect is a second petition for the same cause of action.

(3.) Order II, Rule 2, C.P.C. provides that every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of particular cause of action and were the plaintiff omits to sue or intentionally relinquishes any portion of his claim he shall not afterwards be allowed to sue for such omitted or relinquished part of the claim. The words of Law above are clear and positive and includes accidental omission or voluntary relinquishment of part of the claim or relief, for which subsequent suit is barred.