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THE FIRST SCHEDULE · ORDER II Frame of suit

Order II Rule 4: Only certain claims to be joined for recovery of immovable property

The Code of Civil Procedure, 1908

No cause of action shall, unless with the leave of the Court, be joined with a suit for the recovery of immovable property, except—

(a) claims for mesne profits or arrears of rent in respect of the property claimed or any part thereof;

(b) claims for damages for breach of any contract under which the property or any part thereof is held; and

(c) claims in which the relief sought is based on the same cause of action:

Provided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or redemption from asking to be put into possession of the mortgaged property.

Questions on this rule

1 question in 6 of our papers cite Order II Rule 4.

Practise questions on Civil Procedure Code