"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". The genesis of this principle lies in;
1
Section 115 of the Indian Evidence Act, 1872
2
Section 11 of the Code of Civil Procedure, 1908
3
Order II Rule 2 of the Code of Civil Procedure, 1908
4
Order I Rule 2 of the Code of Civil Procedure, 1908