2. Suit to include the whole claim.

(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 any 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. 1200. 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.

STATE AMENDMENTS
Uttar Pradesh:
In Order II, Rule 2-

(a) The existing Explanation shall be numbered as Explanation I, and after Explanation I, as so numbered, the following Explanation II shall be inserted, namely:

Explanation II.— For the purposes of this rule, a claim for ejectment of the defendant from immovable property let out to him and a claim for money due from him on account of rent or compensation for use and occupation of that property shall be deemed to be claims in respect of distinct causes of action.”

(b) for the illustration, the following illustration shall be substituted, namely-

Illustration
A lets immovable property to B at a yearly rent. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid, and the tenancy is determined before A sues B in 1908, only for the rent due for 1906. A may afterwards sue B for ejectment but not for the rent due for 1905 or 1907”.
[U.P. Act 57 of 1976]

WritingLaw
Latest posts by WritingLaw (see all)
WritingLaw » CPC » Order 2, Rule 2 CPC
Study Material
Law PDFs
Law Tests
Everything
For everyone in law
🟢
53 Bare Act PDFs
Beautiful, colorful PDFs to read anywhere
🟢
110+ complimentary PDFs
100 Law Notes + Legal Maxims, and more...
Pay just once
₹340
Free updates
Read all details Buy all Law PDFs
For those who have read Bare Acts
🟠
23 subject wise tests
These tests have MCQs from one law subject
🟠
10 mixed law tests
These tests have MCQs from multiple subjects
Pay just once
₹1200
Keep test PDFs forever
Read all details Buy all Law Tests
Best Value: ₹215 Discount
🟡
All Law PDFs worth Rs 340
53 Bare Act PDFs + All complimentary PDFs
🟡
All Law Tests worth Rs 1200
33 tests + 33 test PDFs
Pay just once
₹1325
All PDFs for lifetime
Read all details Buy all PDFs and all Tests