Start learning 50% faster. Sign in now
Get Started with ixamBee
Start learning 50% faster. Sign in nowAs 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.
What was the primary reason for the ₹43.30 lakh penalty imposed on Rajkot Nagarik Sahakari Bank Ltd. by the RBI?
Arrange the following in chronological increasing order?
1- Wavell plan
2 - Rajagopalachari Formula
3- Shimla Conference
4- Desai- Liaquat Pact
The Reserve Bank of India (RBI) has imposed a monetary penalty of ______ on the Hongkong and Shanghai Banking Corporation (HSBC) for violating the Credi...
How many Vande Bharat Sleeper coaches will the Indo-Russian joint venture supply to Indian Railways?
Consider the following statements:
1. ICICI Bank's Sapphiro Forex Card is designed for international students.
2. The Sapphiro Forex Card ...
Which literary work is Hindi writer Vinod Kumar Shukla, the 59th Jnanpith Awardee, best known for?
Who was conferred with the 19th ‘Kalakar Puraskar’ for achievements in Konkani music, dance, theatre, folklore, and cinema?
Which of the following Physicist co written relativity theory manuscripts sold for how much dollars?
Who inaugurated the 'Garia and Borsho Boron Utsav' 2025 in Agartala?
Who has won her second World Championship gold under 50 kg category in the 13th edition of the IBA Women's World Boxing Championship 2023?