STATE OF MADHYA PRADESH vs STATE OF MAHARASHTRA & ORS.

The Supreme Court held that under Order 2 Rule 2 of the Code of Civil Procedure, a litigant is barred only when they omit to sue with knowledge of their right to claim. If a right is unknown or non-existent at the time of the first suit, it does not constitute a portion of the claim. The Court further clarified that a plaintiff is not entitled to salary during suspension under Fundamental Rule 53, as the cause of action for salary accrues only upon reinstatement. The appeal was dismissed, affirming the lower court's decision.