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Report No. 144

Chapter VI

Orders 1 To 10

6.1. Order 2, rule 2 and Mesne Profits already accrued

6.1.1. Order 2, rule 2(1), requires that "every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action". If the plaintiff does not do so, then, under rule 2(2), "he shall not afterwards sue in respect of the portion so omitted". Similarly, sub-rule (3), rule 2, Order 2, provides as under:

"(3) 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 relies, he shall not afterwards sue for any relief so omitted".



Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back




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