Order 2 Rule 2 of civil procedure code states that every suit shall include the whole of claim which the plaintiff is entitled make in respect of cause of action, but plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any court.
Where a plaintiff omits to sue in respect of, or intentionally relinquishes (give up), any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
A person is entitled to more than one relief in respect of same cause of action may sue for all or for any such relief.
Order 2 rule 2 is different from term “res judicata” as given under section 11 of civil procedure code, while the former requires plaintiff to claim all reliefs flowing from the same cause of action, but whereas later enjoins duty on the plaintiff or defendant to bring forward all the grounds of attack in respect of his claim. Order 2 Rule 2 only applies to the plaintiff and bars thesuit
The object of Order 2 Rule 2 of the Code is two-fold.
- First is to ensure that no defendant is sued twice in regard to the same cause of action.
- Second is to prevent a plaintiff from splitting of claims and remedies based on the same cause of action. The effect of Order 2 Rule 2 of the Code is to bar a plaintiff who had earlier claimed certain remedies in regard to a cause of action, from filing a second suit in regard to other reliefs based on the same cause of action. It does not however bar a second suit based on a different and distinct cause of action.
Order 2 rule 2 bars a Plaintiff from omitting one part of claim and raising the same in a subsequent suit. In other words, the grounds or cause of action on which the first suit was filed if forms the foundation of the subsequent suit wherein the reliefs claimed could have been claimed in the former suit and also the suits are between the same parties, the subsequent suit shall attract the bar provided under the above provision.
