UPHJS2016
Pre. Exam

89. All matters in dispute between the parties relating to the same transaction should be disposed of in the same suit. This is laid down in :
(a) 0.2, R.l. (b) 0.2, R.2.
(c) 0.2, R.3 (d) 0.2, R.4

Answer and Notes Answer is A


Sandeep : 0.2 R.1 of CPC provides that every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them.

UPHJS2018-1
Pre. Exam

78. Ram was dispossessed from his house by Shyam for a year. Ram files a suit for possession against Shyam but did not included claim for damages in it. For claiming damages Ram :
(a) Could file a new suit
(b) Could not file a new suit
(c) Could file a new suit with the permission of the court
(d) None of the above.

Answer and Notes Answer is B

Explanation : The suit is barred by Order II Rule 2 of CPC.

UPHJS2018-II
Pre. Exam

18. A lets a premises to B at a yearly rent of Rs. 50,000/-. The rent for whole of the years 2014, 2015, 2016 and 2017 is due and unpaid. A sues B in 2018 only for the rent due for 2014 and 2015.

(a) A by separate suit afterwards may sue B for the rent due for 2016 and 2017
(b) A by separate suit cannot afterwards sue B for the rent due for 2016 and 2017
(c) A by having leave from the Court sue B afterwards for the rent due for 2016 and 2017
(d) A by consent of B may sue B afterwards for the rent due for 2016 and 2017

Answer and Notes Answer is B



Explanation: Order II Rule 2 provides that suits should include whole claim Sub-Rule (3) says that if a person is entitled to more than one relief in respect the same cause of action he may sue for all or any of such reliefs, but if he 0mits except with the leave of the court, to sue for all such reliefs, he shall not afterwards sue for any relief so claimed. The given problem is also based on the illustration appended to this sub-rule. Here, the "leave of the court" needed for omission to sue for other reliefs. In this problem if "A� had taken permission from the Court to omit to sue for rents due for 2016 and 2017 then he could have filed a separate suit for claiming the relief.