Code of Civil Procedure, 1908 | O. 2 Frame of Suit

R. 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.

Relinquishment of part of claim.-(2) 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 omitted or relinquished.

Omission to sue for one of several reliefs.-(3) 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 claimed.

Explanation.-For the purpose of this rule an obligation and collateral secuirty for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but one cause of action.

NOTES:

* Bar to suit – suit claiming that defendant electricity board had recovered excess amount from Plaintiff and from its account and amount lying with defendant board – Plaintiff had also filed earlier suit for recovery of amount – subsequent suit as aforesaid filed for same cause of action – barred.
AIR 2004 Gujarat 83 (GEB v. Saurashtra Chemicals)