Order 2 CPC – Frame of Suit: Meaning, Rules, Case Laws & Illustrations The Code of Civil Procedure, 1908 (CPC) lays down detailed rules for filing civil suits in India. Order 2 CPC deals with the “Frame of Suit” and ensures that a plaintiff includes the whole of his claim in one suit to prevent multiple litigations on the same cause of action. This article provides a comprehensive explanation of Order 2 CPC, including its objectives, rules, illustrations, case laws, and practical examples. Objectives of Order 2 CPC The main purpose of Order 2 CPC is to: • Prevent multiplicity of proceedings. • Avoid harassment of the defendant. • Save time of the court. • Reduce unnecessary expenses in litigation. 1. Frame of Suit (Rule 1) Every suit must be framed in such a way that: • It allows the court to reach a final decision on the dispute. • It prevents future litigation on the same issues. 2. Suit to Include the Whole Claim (Order 2 Rule 2 CPC) (1) Whole Claim A plaintiff must include the entire claim arising from a cause of action. However, he may relinquish part of the claim to bring the suit within the jurisdiction of a lower court. (2) Relinquishment of Claim If the plaintiff omits or intentionally relinquishes a portion of the claim, he cannot file a fresh suit for the same later. (3) Omission of Reliefs If a plaintiff is entitled to multiple reliefs from the same cause of action, he must claim all of them together. If he omits one without the leave of court, he is barred from suing for it later. Explanation: An obligation and its collateral security, or successive claims under the same obligation, are treated as one cause of action. Illustrations under Order 2 Rule 2 CPC 1. If rent of three years is due but plaintiff sues only for one year → He cannot later sue for the remaining years. 2. If a loan is ₹2200 but plaintiff sues for ₹2000 to stay within jurisdiction → He cannot later sue for ₹200. 3. If a defendant has a right of set-off but does not use it fully → He cannot file a fresh suit for the balance. 4. A suit dismissed on one ground does not always bar another suit based on a different cause of action (e.g., redemption of mortgage after eviction case). Meaning of “Cause of Action” • Refers to essential facts giving the plaintiff the right to sue. • Example: Sale of goods + non-payment = cause of action. • Same cause of action → bar applies. • Different cause of action → bar does not apply. Case Laws on Order 2 Rule 2 CPC • Gurbux Singh v. Bhooralal (1964 SC): Rule is penal in nature and must be applied strictly. • Arjun Lal v. Mriganka Mohan (1975 SC): Rule applies only if both suits are based on the same cause of action. • Union of India v. Firm Baijnath Govind Das (1955 ALJ 597): One contract with two breaches → only one suit will lie. • Deva Ram v. Ishwar Chand (1996 SC): Different causes of action (recovery of sale price vs possession of land) → fresh suit is allowed. Splitting Claim vs Splitting Relief • Splitting Claim: First suit for part payment, second suit for balance → Bar applies. • Splitting Relief: First suit for specific performance, second suit for damages (without leave) → Bar applies. • Different Cause of Action: First suit for rent, second for eviction based on ownership → No bar. 3. Joinder of Causes of Action (Order 2 Rules 3–6) Rule 3 – Joinder Permitted A plaintiff may join multiple causes of action in one suit, subject to CPC provisions. Types of Joinder: 1. One Plaintiff vs One Defendant – Multiple claims (e.g., loan recovery, rent, breach of contract). 2. Multiple Plaintiffs & Causes of Action – Allowed if: • Claims arise from same transaction, and • Common questions of law/fact exist. 3. One Plaintiff vs Multiple Defendants – Allowed if: • Based on same transaction, and • Common questions of law/fact exist. Otherwise, it is misjoinder or multifariousness. 4. Multiple Plaintiffs vs Multiple Defendants – Allowed only if all are jointly interested. Rule 6 – Court’s Discretion The court may separate trials if joinder causes confusion, delay, or inconvenience. 4. Rule 4 – Certain Claims with Immovable Property Claims for possession of immovable property may be joined with: • Mesne profits / arrears of rent. • Damages for breach of contract. • Any claim arising from the same cause of action. Special Note: In mortgage suits, possession may also be claimed. 5. Rule 7 – Objections on Misjoinder • Objections must be raised at the earliest stage. • Otherwise, they are deemed waived. • Misjoinder not affecting merits or jurisdiction cannot be a ground for reversal of decree. Applicability • Order 2 CPC applies only to civil suits. • It does not apply to appeals, execution proceedings, arbitration, or writ petitions under Article 226 of the Constitution. Conclusion Order 2 CPC plays a crucial role in civil litigation by ensuring that all claims and reliefs arising from the same cause of action are included in one suit. It prevents splitting of claims, saves judicial time, and protects defendants from repeated harassment. However, the rule is penal in nature and must be applied strictly, as held in various Supreme Court judgments. ✓ For law students and judiciary aspirants, Order 2 CPC (Frame of Suit) is an important topic, especially in understanding the concept of cause of action, splitting of claims, and joinder of causes of action. 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