33. Regular action, how to be framed

CHAPTER VI 

OF THE SCOPE AND SUBJECT OF ACTION 

33. Every regular action shall, as far as practicable be so framed as to afford ground for a final decision upon the subjects in dispute, so to prevent further litigation concerning them.

Where a plaintiff brings an action for land he must under section 33 of the Code, set out every title by which he claims to be entitled to it at the time of the action. Where he omits to plead any title on which he might have relied in one action, he is debarred from setting up such title in a subsequent action.

Ponniah Vs. Payhamy (8 N.L.R. 375)