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THE FIRST SCHEDULE · ORDER II Frame of suit

Order II Rule 2: Suit to include the whole claim

The Code of Civil Procedure, 1908

(1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of his claim in order to bring the suit within the jurisdiction of any Court.

(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 not afterwards sue in respect of the portion so omitted or relinquished.

(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.

Explanation.—For the purposes of this rule an obligation and a collateral security for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but one cause of action.

Illustration

A lets a house to B at a yearly of rent Rs. 1,200. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. A sues B in 1908 only for the rent due for 1906. A shall not afterwards sue B for the rent due for 1905 or 1907.

Questions on this rule

7 questions in 26 of our papers cite Order II Rule 2. Try these from the free papers:

  1. 1. Under Order II Rule 2(3) CPC, a person entitled to more than one relief in respect of the same cause of action who omits to sue for all of them shall not afterwards sue for a relief so omitted, unless:

Practise questions on Civil Procedure Code