O.II. R. 2: Suit 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 the 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 Relief: A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such releifs; 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. Illustration: A lets a house to B at a yearly rent of Rs. 1,200. The rent for the whole of the year 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, 1907 CAUSE OF ACTION: See also Section 20: The expression “cause of action” used in this rule refers to the cause of action for which the suit was brought The term refers to the facts which give occasion to and form the foundation of the suit The Privy Council has summed up in the following terms: “Cause of Action means every fact which will be necessary for the plaintiff to prove if traversed in order to support his right to judgment……….. It has no relation to the defence that may be set up…. Not does it depend upon the character of the relief prayed” There is distinction between the term “cause of action” and “Right of Action” and “Remedy” There may be a number of causes of action in one transaction, but rule 2 does not require the joinder of all such causes of action in one suit Rule 2 only requires the joinder of all claims, and reliefs, arising out of same cause of action in a suit
Posted on: Sat, 15 Jun 2013 19:34:28 +0000
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