Start learning 50% faster. Sign in now
As per Order II Frame of Suit of CPC Rule 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 internationally 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. This provision consists of two parts, or two situation and these have been explained by the Hon'ble Supreme Court in the case of- Kalyanaswamy (D) v. L. Bakthavatsalam 2020 In this case, the Court explained that Order II Rule 2 has 3 subrules. The first sub-rule is the general principle that a plaintiff should include the whole of his claim in the suit. Sub-rule 2 deals with the effect of omission or relinquishment of a claim and sub-rule 3 deals with the omission of a relief. There is a difference between omission of claim and omission of relief. As per the sub-rule, if a claim has been omitted, a person cannot later, in any condition or circumstance, sue for the same. There is an absolute bar to the second suit. On the other hand, in case of relief, if a person omits the same, he or she can sue for the same with the leave or permission of the Court.
Statement:
All Pens are pencil.
Only Pencils are Laptop.
Only Pens are Mobile.
Only Pencils are Book.
Conclusion ...
Read the given statements and conclusions carefully. Assuming that the information given in the statements is true, even if it appears to be at varianc...
Statements: All mouse are keyboard.
Some keyboard are speaker.
No monitor is spe...
Statements:All jackets are collars.
All collars are shirts.
All chains are shirts.
Conclusions:I. No collar is chain.
II. So...
Statements: All egg are hen.
Some hen are goat.
Conclusions I. Some hen are egg.
II. Some goat are egg.
...Statements:
Only Sport are Team
All Game are Sport
No Sport are Goal
Conclusions:
I. Some Ga...
Statements : Some data are information
All information are news.
All news are statements.
Conclusions : I. All data being informa...
Statement
Only a few Colour is Animals
Some Animals is Birds
All Birds is Fruit
Conclusion
I) Some Fruit is A...
Statements: All frocks are skirts.
No pant is a frock.
Some dresses are pants.
Conclusions: I. Some skirts are not frocks.
Statements
Only a few A is B
No B is C
Only a few C is D
Some D is E
Conclusions:
I). No A is C
...