SHAMIMA AKHTER Vs. RASHIDA AKHTER

JUDGEMENT

(1.) BY medium of this appeal Judgment and decree passed by Learned District Judge Anantnag is assailed, whereunder the suit filed by the appellants has been dismissed, as barred under Order 2 Rule 2 C.P.C.

(2.) FOR effectuating final decision upon the subject in dispute and for preventing multiplicity of litigation frame of the suit shall be such as may include whole of the claim, which the plaintiffs shall be entitled to in respect of the same cause of action, which takes into its sweep successive claim as well.

(3.) WHILE framing suit for cancellation of Will deed the appellants have chosen not to include the claim for cancellation of Sale deed, as was available on the same cause when the parties in both suits were same.