Table of Contents
Authored by: TANISHA TARUN (BA LLB, 3rd year)
What is CPC?
First of all, CPC means Code of Civil Procedure which is applicable in India. CPC is that code that directs or governs civil cases’ procedures in India. This code contains some rules and regulations that all citizens of the country must follow.
If anyone violates the rules under his codet hen he will be liable for the consequences.
- Aims of CPC:- CPC aims that every citizen shall be entitled for fair, efficient and orderly trial processes. So that it will promote justice and resolve the disputes between the parties in an orderly manner.
- Aspects of CPC:-
- Pleadings – I define he format and content of legal document like we can say written statements or plaints.
- Jurisdiction- In this aspect of CPC it specifies that which courts have the power o hear the cases.
- Trial – It specifies the procedures for conducing trials and also the proofs, evidences, presentation and witness examination.
- Limitation – In this aspect of CPC it specifies the time limits for filing he suits and appeals.
- Judgment and Decree – CPC directs us about the format and procedures for the judgments and decrees.
- Inspection- CPC allows the parties o inspect or discover each other’s documents and also specifies the procedures for such inspection or examination of each other’s documents .
- Fair Judgment- CPC ensures that every aggrieved party must receive fair justice by the court against the harm or injury the aggrieved has suffered.
ORDER II RULE 2 OF CPC
So Order II Rule 2 of CPC says about two things:-
- Suit o include the whole claim.
- Relinquishment of party of claim.
- Omission to sue for one of several belief.
According to the bare act-
- Suit to include the whole claim:- (1) Ever suit shall include the whole of the claim which he plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish an portion of his claim in order to bring the suit within the jurisdiction of a Court1.
As per the above said lines, he plaintiff or he aggrieved party shall include his whole the claim of which he is entitled to in respect of his cause of action. And also it says that the plaintiff or the aggrieved party shall relinquish or remove a part or portion of his claim within the jurisdiction of the Court.
For example- if the district has the jurisdiction of to recover or compensate the plaintiff with the limit of 3 crore rupees. And high court has the jurisdiction to recover with the limit of 5 crore rupees, then the plaintiff may, if want , relinquish 5 crore rupees and receive he compensation of 3 crore rupees.
(1) Provision under the bare act of CPC
(2) Relinquishment of part of claim:- Where a plaintiff omits to sue in respect of , or intentionally relinquishes, an portion of his claim, he shall no afterwards sue in respect of the portion so omitted or relinquished.
As per the above lines, if the aggrieved party or the plaintiff omitst o sue or intentionally relinquishes an portion of his claim , then once he omits to sue then afterwards he cannot sue the portion that was so omitted or relinquished.
(3) Omission to sue for one of several reliefs – A person entitled to more than one relief in respect of the same cause action may sue for all of such reliefs; but if he omits, except with the leave of the Court, to sue for all such reliefs, he shall no afterwards sue for a relief so entitled3.
So, from the above lines it can be concluded that Order II Rule 2 of CPC mainly focuses on to avoid the various consequences if the given provisions are not followed.
The reasons behind the provisions of Order II Rule 2 of CPC are :
Avoid the multiplicity or the duplicity of the proceedings of the cases- saving time by preventing the parties from litigating the same issues more than one time and avoiding its multiplicity.
- provision given under the bare of CPC
- provision given under the bare act of CPC
Protection of one party from the opponent party – protecting the one party from being harassed by the opponent party as by being harassed and get troubled by multiple suits filed by the same opponent.
Avoiding conflicting judgments – As it prevents that the same issue is not decided differently in different suits which maintains the consistency and further avoids the confliction between the judgments.
So , basically Order II Rule 2 of CPC provides efficient and effective process so that the parties shall not suffer any consequences and proper justice is delivered to the parties whether the plaintiff or the defendant. Same suits cannot be process for trial multiple time and avoiding the conflict between the required judgment which has to be delivered by the Court.
