Judgement

Appeal (No. 94 of 1921) from a judgment and decree of the Chief Court of the Punjab (March 16, 1918) affirming a decree of the District Judge of Delhi.

The appellant in 1914 brought the present suit against the respondents under a mortgage deed dated January 19, 1904. By his plaint he alleged that certain sums were due in respect of principal and of interest, after crediting the proceeds of a partial realization ; he claimed a decree for the aggregate amount " from the defendants or the mortgaged property." The appellant had in 1908 sued claiming a decree for interest then due "against the defendants, recoverable from the mortgaged property, and the other property, and persons of the defendants."

The only question upon the present appeal was whether the appellants were precluded by Order n., r. 2, of the Code of Civil Procedure, 1908 (Code of Civil Procedure, 1908, Order n., r. 2 "(1.) Every suit shall include the whole of the claim which the plaintiff is entitled to mak e in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court. (2.) Where a plaintiff omits to sue in respect