Heard

the

learned

counsel

for

the

revision

petitioners.

The revision petitioners filed IA No.VII before

the Trial Court in O.S.No.466/2016 invoking Section 12 of

the CPC which in effect is invoking the provisions Order 2

Rule 2(3) of the CPC. Order 2 Rule 2(3) of CPC reads as

below:

"(3) Omission to sue for one of several

reliefs.- A person entitled to more than one

relief in respect of the same cause of action

may sue for all or any of such reliefs; but if

he omits, except with the leave of the Court,

to sue for all such reliefs, he shall not

afterwards sue for any relief so omitted."

- 4 -

The contention of the revision petitioner No.2 is

that he is the defendant No.2 in O.S.No.466/2016. Earlier

the plaintiff in O.S.No.466/2016 as well as the revision

petitioner herein were the defendant Nos. 2 and 3 in

O.S.No.50/2009, wherein the petitioner had made a

counter claim against the plaintiff and the defendant Nos.1

and 2 therein. Acceding to his contention, while dismissing

the suit O.S.No.50/2009, a injunction was granted in

favour of the revision petitioner No.2 herein (defendant

No.2 in O.S.No.466/2016) that the plaintiff and defendant

Nos.1 and 2 in O.S.No.50/2009 are