Relinquishing Part of a Claim Under CPC: Rules, Risks, and Strategies

2022 Supreme(Online)(KER) 5973

As the petitioner has not submitted relinquishment in the prescribed proforma, the Board had no opportunity to consider the reliquishment. 5. ... Learned Counsel for the petitioner submitted that pending the writ petition, the petitioner submitted his reliquishment in the prescribed form and drew attention to Exts.P9 and P10 documents in support of the contentions. ... As the petitioner is seen to have submitted relinquishment in the prescribed form, it is ....

2025 Supreme(Online)(Mad) 70816

Learned counsel for the petitioner submitted that in the event of the petitioner being promoted against a reliquishment vacancy or an existing vacancy, the petitioner will be entitled to get all consequential retiral benefits, more.

2024 Supreme(Online)(DEL) 4131

or the claim. ... Singh contends that the plaintiff had no knowledge of the Reliquishment Deed dated 04.01.2018; and it is only when the defendants filed their written statement in this matter on 15.09.2022 that she learned, according to her for the first time, that a registered relinquishment deed was being relied upon ... The claim made in the suit is for partition and permanent injunction only in relation to the Delhi Property. 21.2. ......

2024 0 Supreme(Ker) 2

If the petition schedule property is not forming part of the decree schedule property as contended by claim petitioner, he has no right to file this sort of a claim petition. ... At this juncture, it is relevant to note that there was no attempt on the part of the claim petitioner or the respondents to adduce oral or documentary evidence and the claim petitioner filed an argument notes t....

2025 0 Supreme(Ker) 1987

The callousness on the part of the plaintiff’s, to question the dedication of the property in favour of the erstwhile State of Travancore either before 1956 or immediately thereafter, would show that the parties never intended to claim any right over the plaint schedule property. ... The perusal of Ext.A1 Partition Deed would show that the C schedule is allotted to the 2nd plainti property forms part of item No.4. ... Can the plaintiff’s st....

The request by Ahamadu Lebbe to Abdul Karim is an absolute request without condition of part of his estate (bonorum). To ascertain the extent of that part it is conceded that it is necessary to look at the amount of Ahamadu Lebbe's property at the time of his death. ... The only witnesses called in support of the claim, are the first plaintiff and Salie, the next friend of the second plaintiff. ... The trial Judge has read into the w....

2023 0 Supreme(Ker) 354

It forms part of a larger extent of 91 cents. The property conveyed as per Ext.A1 is 6 cents on the western most extremity in the north-south of southern 45 cents. The description of the property sold is 6 cents on the western most extremity north south of 45 cents. ... application is made and allowed, and where, in the case of an application under rule 89, the deposit required by that rule is made within 1 [sixty days] from the date of sale, or in cases where the amount depo....

2023 0 Supreme(Mad) 2966

The object behind this Section is that the plaintiff cannot split up the claim so as to omit one part of claim and sue for the other. If the cause of action is same, the plaintiff has to place all his claims before the Court in one suit. ... (2) Relinquishment of part of claim-Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim he shall ....

2025 Supreme(SRI)(CA) 662

The petitioners have not made any specific claim over the 1st and 2nd items of the schedule to the plaint. Petitioners also specifically pleaded that they have no claim over item 3 of the schedule to the plaint. ... Item 4 of the schedule to the plaint is not part of the corpus, and the lis pendens has already been revoked. In the above circumstances, the petitioners have failed to satisfy that they have rights in the corpus of the action.....

2022 0 Supreme(Mad) 3802

While in these documents if there is any inconsistency between the earlier or the subsequent part or specific clauses inter se contained therein, the earlier part will prevail over the latter as against the rule of interpretation applicable to a Will under which the subsequent part, clause or portion ... prevails over the earlier part on the principle that in the matter of "Will", the testator can always change his mind an....

2022 0 Supreme(Bom) 342

(2) For the purposes of this order, the word “claim” shall include: (a) part of a claim. (b) any particular question on which the claim (whether in whole or in part) depends. (c) a counter-claim, as the case may be. Scope of and classes of suits to which this order applies: (1) This order sets out the procedure by which courts may decide a claim pertaining to any Commercial Dispute without recording oral evidence. (3) Notwithstanding anything to the contrary, an application f....

2018 0 Supreme(Del) 920

(3) Notwithstanding anything to the contrary, an application for summary judgment under this Order shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit under Order XXXVII. -(1) This Order sets out the procedure by which Courts may decide a claim pertaining to any Commercial Dispute without recording oral evidence. (2) For the purposes of this Order, the word “claim” shall include- (a) part of a claim; (b) any particular question ....

2017 0 Supreme(SC) 913

Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished. (3) xxxxx” 14. For ease of reference, Order II Rule 2 is extracted hereunder:-“2. Suit to include the whole of the claim: (1) xxxxx(2) Relinquishment of part of claim: In Ram Karan Singh (supra), a Full Bench of the Allahabad High court while examining the issue of maintainability of second sui....

2017 0 Supreme(Del) 26

(3) Notwithstanding anything to the contrary, an application for summary judgment under this Order shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit under Order XXXVII. (1) This Order sets out the procedure by which Courts may decide a claim pertaining to any Commercial Dispute without recording oral evidence. (2) For the purposes of this Order, the word ‘claim’ shall include- (a) part of a claim; (b) any particular question o....

2016 0 Supreme(Bom) 1409

(2) For the purposes of this Order, the word "claim" shall include: (a) part of a claim; (b) any particular question on which the claim (whether in whole or in part) depends; (c) a counterclaim, as the case may be. (3) Notwithstanding anything to the contrary, an application for summary judgment under this Order shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit under Order XXXVII.” (Emphasis added) Summary Suit and un-....