Frame of suit | 'A' lets a house to 'B' at a yearly rent of Rs. 12,000. The rent for the years 1980, 1981 and 1982 is due and unpaid. ‘A’ sues 'B' in 1983 only for rent due in 1981. Can 'A' afterward sue 'B' for the rent due for 1980 and 1982?

Question: Frame of suit | ‘A’ lets a house to ‘B’ at a yearly rent of Rs. 12,000/-. The rent for the years 1980, 1981 and 1982 is due and unpaid. ‘A’ sues ‘B’ in 1983 only for rent due in 1981. Can ‘A’ afterward sue ‘B’ for the rent due for 1980 and 1982? [WB J.S. 1993]

Find the answer to the mains question only on Legal Bites. [Frame of suit | ‘A’ lets a house to ‘B’ at a yearly rent of Rs. 12,000/-. The rent for the years 1980, 1981 and 1982 is due and unpaid. ‘A’ sues ‘B’ in 1983 only for rent due in 1981. Can ‘A’ afterward sue ‘B’ for the rent due for 1980 and 1982?]

Answer

Every suit must include the whole of the plaintiff’s claim in respect of the cause of action, and, as far as practicable, all matters in dispute between the parties be disposed of finally. The intention of the legislature underlying the provisions of C.P.C appears to be that as far as possible all matters in dispute between the parties relating to the same cause of action should be disposed of in the same suit so as to prevent further litigation.

Order 2 Rule 2 lays down that every suit must include the whole of the claim to which the plaintiff is entitled in respect of the cause of action and where the plaintiff omits to sue for or intentionally relinquishes any portion of his claim, he shall not afterward be allowed to sue in respect of the portion so omitted or relinquished.

Object

The provision of Order 2 Rule 2 is based on the cardinal principle of law that a defendant should not be vexed twice for the same cause. The principle contained in this provision is designed to counteract two evils, namely,

(i) splitting up of claims and

(ii) splitting up of remedies.

In Naba Kumar v. Radhashyam, [AIR 1931 PC 229], the Privy Council stated, “The rule in question is intended to deal with the vice of splitting a cause of action. It provides that a suit must include the whole of any claim which the plaintiff is entitled to make in respect of the cause of action on which he sues and that if he omits (except with the leave of the court) to sue for any relief to which his cause of action would entitle him, he cannot claim it in a subsequent suit. The object of this salutary rule is doubtless to prevent multiplicity of suits.” (emphasis supplied)

The Supreme Court has also stated that Order 2 Rule 2 is based on the “cardinal principle that the defendant should not be vexed twice for the same cause.” Deva Ram v. Ishwar Chand, [(1995) 6 SCC 733].

Conditions

To make the rule applies, the following three conditions must be satisfied, namely

1. The second suit must be in respect of the same cause of action as that on which the previous suit was based;
2. In respect of that cause of action, the plaintiff was entitled to more than one relief, and
3. Being thus entitled to more than one relief, the plaintiff without leave of the court omitted to sue for the relief for which the second suit has been filed.

From the above-referred provisions, it is clear that in this given problem. ‘A’ cannot afterward sue ‘B’ for the rent due for 1980 and 1982.

The facts are borrowed from the Illustration attached to Order 2 which reads as follows

“A lets a house to ‘B’ at a yearly rent of Rs 1,200/-. The rent for the whole of the years 1905, 1906, 1907 is due and unpaid. ‘A’ sues ‘B’ in 1908 only for the rent due for 1906. ‘A’ shall not afterward sue ‘B’ for rent for 1905 or 1907.”

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Important Mains Questions Series for Judiciary, APO & University Exams

1. CPC Mains Questions Series: Important Questions Part – I of X
2. CPC Mains Questions Series: Important Questions Part – II of X
3. CPC Mains Questions Series: Important Questions Part – III of X
4. CPC Mains Questions Series: Important Questions Part – IV of X
5. CPC Mains Questions Series: Important Questions Part – V of X
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