GANGAPRASAD Vs. KODULAL

JUDGEMENT

(1.) 1. The sole question argued is whether the present suit for accounts is barred by the former suit either under Section 11, Expl. 4, or Order 2, Rule 2, Civil P.C. I am of opinion that the appeal of the defendant must fail for the simple reason that the plaintiff was not bound to sue on the alternative cause of action in the former suit. Though he might have sued in the alternative there was nothing in law which showed that he ought to have done so in the former suit.

(2.) THE appeal, therefore, fails and is dismissed with costs.