What is Order II Rule 2?
Order II Rule 2 of CPC deals with the principle of splitting claims, and aims to prevent multiple suits based on the same cause of action.
It requires that a plaintiff must include the whole of the claim arising from a single cause of action in one suit. If any part of the claim is intentionally omitted, it cannot be claimed in a later suit.
Text of the Rule (Simplified)
When a person sues based on a cause of action, they must claim all reliefs to which they are entitled.
If they omit or relinquish part of the claim without court’s permission, they cannot sue later for the omitted part.
Purpose of Order II Rule 2
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Avoid piecemeal litigation
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Prevent harassment to the defendant
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Promote judicial economy
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Ensure finality of litigation
Key Ingredients of Order II Rule 2
For the rule to apply, the following must be present:
| Ingredient | Meaning |
|---|---|
| Same cause of action | Both suits arise from the same set of facts |
| Relief claimable was omitted | Plaintiff intentionally left out part of the relief |
| Omission was without permission | Court did not permit plaintiff to file for part of claim later |
Illustration
If A lends ₹1,00,000 to B in one transaction, and B fails to repay:
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A files a suit for only ₹50,000.
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Later, A files another suit for the remaining ₹50,000.
❌ Not allowed under Order II Rule 2 (unless leave of court was taken in the first suit), because both amounts arise from the same cause of action.
Exception
If the plaintiff gets permission from the court to reserve some relief for a future suit, then later suits are allowed.
Relation to Res Judicata
Though Res Judicata (Section 11) bars re-litigation of issues already decided, Order II Rule 2 bars raising issues that were not even claimed but should have been.
Important Case Law
Deva Ram v. Ishwar Chand (1995)
Rule applies only when the second suit arises from the same cause of action.
Satyadhyan Ghosal v. Deorajin Debi (1960)
Plaintiff must include all claims from a cause of action in one suit.
Practical Tip for Students
When advising on drafting a plaint, make sure:
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All reliefs arising from one cause of action are included.
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If you wish to exclude any relief for now, get court’s permission to file it later.
Conclusion
Order II Rule 2 CPC is crucial to avoid repeated suits on the same cause, and promotes judicial efficiency and fairness. It imposes a duty on the plaintiff to bring the entire claim at once—not in parts—unless explicitly allowed by the court.