Supreme Court explains law on Order 2 Rule 2 #indianlaws

Supreme Court explains law on Order II Rule 2 CPC

The relevant provision in regard to above is prescribed under Order 2 Rule 2 of the Code of Civil Procedure, 1908, which provides that if different reliefs and claims arise out of the same cause of action then the Plaintiff must place all his claims before the Court in one suit and cannot omit one of the reliefs or claims except without the leave of the Court.

In effect the provision bars a Plaintiff from omitting one part of claim and raising the same in a subsequent suit. In other words, the grounds or cause of action on which the first suit was filed if forms the foundation of the subsequent suit wherein the reliefs claimed could have been claimed in the former suit and also the suits are between the same parties, the subsequent suit shall attract the bar provided under the above provision.

The opposite party or Defendant must specifically plead the above position in the suit and there should be a specific issue framed by the Court to examine the pleading of the former suit, thereby giving Plaintiff an opportunity to demonstrate that the cause of action in the subsequent suit is different.

In order to examine the position, it is necessary that both the plaints are read as a whole to identify the cause of action and once the same are found to be identical and also that the relief claimed in the subsequent suit could have been pleaded in the former suit, the subsequent suit shall be barred as per Order 2 Rule 2.

[Coffee Board vs. M/S. Ramesh Exports Pvt. Ltd.]
(SC, 09.05.2014)