Order II Rule 4

Only certain claims to be joined for recovery of immovable property

Frame of suit, in the First Schedule to 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, exce pt

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

(b) claims for damages for breach of any contract und er 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.

How this Rule is cited

It is written both ways, and both mean this Rule: Order II Rule 4 CPC and Order 2 Rule 4 CPC. Pleadings usually take the arabic form, judgments usually the numeral.

Orders of the courts under it: Order 2 Rule 4 CPC, Order II Rule 4 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.