Order II Rule 2 CPC – Bar to Splitting of Claims: One Cause, One Suit

In civil litigation, a plaintiff must present their entire claim related to a cause of action in one suit.

They cannot divide their claim into parts and file multiple suits for the same cause — this is prohibited under Order II Rule 2 of the Code of Civil Procedure (CPC), 1908).

This rule promotes judicial efficiency and prevents harassment of defendants through repeated litigation on the same issue.

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What Order II Rule 2 CPC States

Rule 2(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.”

Rule 2(2):
“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.”

Rule 2(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 one without leave of the Court, he cannot sue later for that relief.”

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Objective of Order II Rule 2

This rule is designed to:

1. Avoid multiplicity of suits,
2. Prevent harassment of defendants,
3. Save judicial time, and
4. Ensure finality in litigation arising from one cause of action.

In essence, it embodies the principle of “One Cause, One Suit.”

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Meaning of “Cause of Action”

A cause of action is the set of facts that give a person the right to seek legal remedy.
If all those facts together form a single transaction or occurrence, all related claims must be raised at once.

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Example 1: Violation of Rule 2

Suppose Mr. A lent ₹2,00,000 to Mr. B.
Mr. B repaid ₹1,00,000 but defaulted on the rest.

Mr. A first files a suit to recover ₹50,000 only.
Later, he files another suit for the remaining ₹50,000 from the same transaction.

→ The second suit is barred under Order II Rule 2, as both arise from the same cause of action — the loan.

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Example 2: Exception — Different Cause of Action

If Mr. A lent ₹1,00,000 in January and another ₹50,000 in June, these are two different loans (two causes of action).
He may file separate suits — Order II Rule 2 won’t apply.

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Judicial Interpretations

Case	Key Principle
Gurbux Singh v. Bhooralal (AIR 1964 SC 1810)	To attract Rule 2, the second suit must arise from the same cause of action as the first.
Deva Ram v. Ishwar Chand (1995) 6 SCC 733	Omission to claim relief without court’s leave bars the later suit.
Sidramappa v. Rajashetty (1970) 1 SCC 186	Cause of action is the foundation — if different, the bar doesn’t apply.
Kunjan Nair v. Narayanan Nair (2004) 3 SCC 277	The rule ensures that litigation isn’t split to harass the other side.

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Three Key Conditions for Bar to Apply

For a later suit to be barred under Order II Rule 2, these conditions must be satisfied:

1. Same cause of action in both suits.
2. Same parties or parties claiming under them.
3. Plaintiff omitted or relinquished part of the claim or relief without permission of the court.

If these are met, the second suit is not maintainable.

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Rule 2(3): Reliefs Must Be Claimed Together

A plaintiff can seek multiple reliefs from the same cause of action — for instance,

• Damages,
• Specific performance,
• Injunction, etc.

But if one relief is omitted without the court’s leave, a later suit for that relief is barred.

Example:

If a buyer sues for refund of advance money under an agreement but does not seek specific performance, he cannot later file another suit to enforce the contract — unless he had obtained the court’s permission in the first suit.

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Relationship with Section 11 CPC (Res Judicata)

Basis	Order II Rule 2	Section 11
Stage	Applies when a second suit is filed on the same cause of action.	Applies after the first suit has been decided.
Focus	Bars splitting of claims or reliefs.	Bars re-litigation of decided issues.
Objective	Avoid multiple suits from the same cause.	Ensure finality of judgments.

Both aim to prevent judicial duplication but operate at different stages.

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When the Bar Doesn’t Apply

Order II Rule 2 doesn’t apply if:

1. The cause of action is different.
2. The parties are not identical.
3. The court granted leave to omit a relief.
4. The first suit was withdrawn with permission to file afresh.
5. The omitted claim arose after filing the first suit.

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Real-Life Applications

1. Property Disputes:
   A buyer cannot first sue for possession and later for specific performance from the same sale agreement — both must be claimed together.
2. Contract Cases:
   A contractor cannot file separate suits for different payments under the same work order.
3. Employment Matters:
   An employee cannot first sue for reinstatement and later for back wages — both stem from one cause.

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Practical Takeaways

• Draft comprehensively: Always include every possible claim and relief arising from one cause.
• Seek leave if omitting a relief: The court’s permission saves you from future bar.
• Focus on the cause of action: Not every similarity in facts means the same cause.

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Conclusion

Order II Rule 2 CPC ensures that a plaintiff doesn’t split their claims or reliefs arising from a single cause of action.
It prevents abuse of the legal process, reduces case backlog, and upholds judicial discipline.

In short:

“You can’t take two bites at the same apple — one cause of action deserves one comprehensive suit.”

This rule reminds every litigant that completeness at the outset is the cornerstone of effective civil litigation.