Suit to include the whole claim
Frame of suit, in the First Schedule to The Code of Civil Procedure, 1908
(1) Every suit shall include the whole of the claim w hich the plaintiff is entitled to make in respect of the cau se of action; but a plaintiff may relinquish and po rtion of his claim in order to bring the suit within the jur isdiction 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 l eave of the Court, to sue for all such reliefs, he shall no t afterwards sue for any relief so omitted.
Exaplanation.-- For the purposes of this rule an obligation and a colla teral 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 be 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 s hall not afterwards sue B for the rent due for 1905 or 1907.
How this Rule is cited
It is written both ways, and both mean this Rule: Order II Rule 2 CPC and Order 2 Rule 2 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 2 Rule 2 CPC, Order II Rule 2 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.