Order 2 Rule 2: Frame of Suit Under Code of Civil Procedure

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Order 2 Rule 2: Frame of Suit Under Code of Civil Procedure - Prolawctor
Frame of Suit

Frame of Suit Under Code of Civil Procedure, 1908

  1. Essential elements of a suit:
    1. Act or transaction
    2. Cause of action arises
    3. There can be one or a series of cause of action
    4. For each case if action, there does NOT lie a separate, independent suit
    5. All the cases of action arising from a single act or transaction, there cannot be independent suits. It must ho into one single suit arising from one single act or transaction
  2. One cause of action can have more than one relief. A Subsequent suit for another relief shall not lie. All the reliefs sought for must come in a single suit. (Order 2 Rule 2)
  3. If the suit is pending and undecided, there is a concept called joinder of cause of action. Plaint can be amended and case of action and relief can be added.
  4. If the suit is already decided and later, the plaintiff comes to know about something (like internal injury in case of accident), no subsequent suit shall lie.

    The court says you must foresee all such things and include it into the suit.
  5. In case of suit relating to immovable property the following claims / reliefs may be raised:
    1. Ownership (including possession)
    2. Mesne profits or arrears of rent.
    3. Breach of contract and relief on a specific performance (in case of breach of contract)

Remedies for the Breach of Contract:The Indian Contract Act 1872 Notes

  1. Reasons why different suits do not lie for different causes of action wrt. Same set of facts;
    1. Same facts have to be analysed again and again.
    2. Same parties, same evidence, same subject matter,
    3. Same relief and same cause of action.

Parties to the Suit under Code of Civil Procedure, 1908

Hence, one single suit and non-subsequent suit shall lie.

Order 2 Rule 2

Every suit must include the whole of the claim to which plaintiff is entitled in respect of the case of action and where the plaintiff omits to sue for or relinquishes any part of the claim, they cannot sue afterwards in respect of that part of the claim.

To know the difference between Decree and Order visit here

CASE: Naba Kumar v. Radhashyam;

The principle contained in Rule 2 is deigned to counteract the splitting up of claims and splitting up of remedies.


REFERENCES

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