(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.
(2) Relinquishment of part of claim. - 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.
(3) Omission to sue for one of several reliefs.- 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 reliefs, he shall not afterwards sue for any relief so omitted.
Explanation.- For the purposes of this rule an obligation and a collateral security for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but one cause of action.
Illustration
A lets a house to be at a yearly of rent Rs. 1,200. The rent for the whole of
the years 1905, 1906 and 1907 is due and unpaid.
A sues B in 1908 only for the rent due for 1906. A shall not afterwards sue B for the rent due for 1905 or 1907.
Order II Rule 1 CPC Frame of suit
Order II Rule 2 CPC Suit to include the whole claim
Order II Rule 3 CPC Joinder of causes of action
Order II Rule 4 CPC Only certain claims to be joined for recovery of immovable property
Order II Rule 5 CPC Claims by or against executor, administrator or heir