Report No. 144

6.2.6. Recommendation.-

We would, therefore, recommend that a new rule 2A should be inserted in Order 2, as under:-

"2A. Suits filed on the same day on same cause of action.-Where a plaintiff sues the defendant on the same day through two or more separate suits in the same court and the suits are based on the same cause of action, then-

(a) The provisions of rule 2 of this Order shall not apply, but-

(b) the court shall pass an order for consolidation of the suits and hearing them together, in the interests of justice."

6.3. Order 2, rule 2 and Arbitrations

6.3.1. Order 2, rule 2 (to state its gist, again, so far as is material), provides that the plaintiff suing in court in respect of a cause of action must include the entire claim arising from that cause of action must include the entire claim arising from that cause of action, and, if he does not do so, he cannot later institute a suit for the claim not made earlier.