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
intentionally 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.
Explanation.—For the
purposes of this rule an obligation and a collateral security for its performance
and successive claims arising under the same obligation shall be deemed
respectively to constitute but one cause of action.
Illustration: A lets a house
to be at a yearly of rent Rs. 1,200. The rent for the whole of the years 1905,
1906 and 1907 is due and unpaid. A sues B in 1908 only for the rent due for
1906. A shall not afterwards sue B for the rent due for 1905 or 1907.
Part in Red is
original provisions from CPC reproduced here for reference.
Simplified Explanation of provisions:
Explanation (4) of Section 11 of CPC also governs this rule. It is based on the doctrine of Res Judicata.
Reference:
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