What is the order 2 rule 2 of the CPC?
Asked by: Sheridan Lesch | Last update: November 28, 2025Score: 4.1/5 (22 votes)
Order 2, Rule 2 (2) of the CPC postulates a situation where a plaintiff omits to sue in respect of any portion of his claim or intentionally relinquishes any portion of his claim. Then, he is debarred from suing in respect of the portion so omitted or relinquished.
What is the difference between res judicata and constructive res judicata?
Res Judicata: Requires a final judgment on the issue. Constructive Res Judicata: Does not require a final judgment on the unraised issue; it operates on the premise that the issue should have been included in the earlier proceedings.
What is meant by "necessary party"?
A 'Necessary Party' is one whose presence is indispensable or against whom relief is sought and without whom no effective order can be passed. A 'Proper Party is one in whose absence an effective order can be passed but whose presence is necessary for complete and final decision on question involved in proceedings.
What is the order 37 rule 2 CPC?
Rules 2 and 3 of Order XXXVII provides the procedure for summary suits. Rule 2 provides that after the summons of the suit having been issued to the defendant, the defendant must appear and the plaintiff will serve a summons for judgment on the defendant.
What does rule 37 mean?
Rule 37— Failure to Make Disclosure or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
ORDER 2 RULE 2 CPC
What is Rule 2 A of Order 39?
Order XXXIX Rule 2A of the CPC empowers the courts to deal with cases of willful disobedience of court orders. This provision serves as a crucial mechanism to ensure that parties involved in legal proceedings adhere to the orders issued by the court.
What is the order 2 rule 2 cpc?
Order 2, Rule 2 (2) of the CPC postulates a situation where a plaintiff omits to sue in respect of any portion of his claim or intentionally relinquishes any portion of his claim. Then, he is debarred from suing in respect of the portion so omitted or relinquished.
What is an example of a necessary party?
But an example is the following. You sue someone for injunctive relief, but providing relief requires the joint participation of the defendant and another person. That other person would be a necessary party.
What is the order 1 rule 10?
Under sub-para (2 ) of Order 1, Rule 10, a person may be added as a party to a suit in two cases only, ie., when he ought to have been joined and is not so joined, i.e., when he is a necessary party, or, when without his presence the questions in the suit cannot be completely decided.
What is the difference between res judicata and order 2 rule 2?
Constructive res judicata deals with grounds of attack and defence which ought to have been raised, but not raised, whereas Order II Rule 2 of the Code relates to reliefs which ought to have been claimed on the same cause of action but not claimed.
What is the right cause of action?
Cause of action is the legal claim [a claim that sometimes goes unstated] that allows a party to seek judicial relief. This gives the legal right to seek a remedy because of the act or omission, failure to perform duty, or breach of obligation of the defendant towards the plaintiff.
What is Section 10 of the CPC?
No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other ...
What is the order 13 rule?
Under Order 13, rule 1, the parties or their pleaders must produce "at the first hearing" the documentary evidence on which they intend to rely and which is in their possession or power and which has not already been filed in court, as also all documents which the court has ordered to be produced.
What are the three types of pleadings?
There are several types of pleadings in civil litigation. These include complaints, which serve as the basis of the legal action, and answers, which are the responses to the complaints. There may also be counterclaims, crossclaims, and third-party claims, which are also types of pleadings.
What is order 7 rule1?
“The object underlying Order 7 Rule 1(e), which requires that the plaint shall contain the particulars about the facts constituting the cause of action and when it arose, is to enable the court to find out whether the plaint discloses the cause of action because the plaint is liable to be rejected under Order 7 Rule 11 ...
What is the meaning of misjoinder?
mis·join·der ˌmis-ˈjȯin-dər. : an improper union of parties or of causes of action in a single legal proceeding.
What is an indispensable party law?
An indispensable party is a person or entity whose presence is required before a final decision can be made in a legal matter. This is different from a necessary party, which is a party who must be included in a lawsuit unless they have a valid excuse for not joining. An indispensable party must join no matter what.
What are 5 types of parties?
- 1.1 Balls.
- 1.2 Banquets.
- 1.3 Birthday party.
- 1.4 Surprise party.
- 1.5 Dinner party.
- 1.6 Garden party.
- 1.7 Cocktail party.
- 1.8 Tea party.
What is the rule 10 order 8 of CPC?
According to Court, Rule 10, Order 8 of CPC is permissive in nature granting two options to the court, and if in every case a judgment is pronounced against a person in response to non-submission of the written statement then it would render the second part of Rule 10 i.e., “or make such order in relation to the suit ...
What is a Rule 42 court order?
Voluntary Dismissal. (a) Dismissal in the District Court. Before an appeal has been docketed by the circuit clerk, the district court may dismiss the appeal on the filing of a stipulation signed by all parties or on the appellant's motion with notice to all parties.
What is the order 1 rule 10 of CPC?
Order 1 Rule 10 of Code of Civil Procedure (herein after referred as C.P.C.,) enables the court to add any person as party at any stage of the proceedings, if the person whose presence before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions ...
What is a Rule 35 plea deal?
Rule 35(b), as amended in 1987 as part of the Sentencing Reform Act of 1984, reflects a method by which the government may obtain valuable assistance from defendants in return for an agreement to file a motion to reduce the sentence, even if the reduction would reduce the sentence below the mandatory minimum sentence.
What are Rule 23 orders?
An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g). (C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.
What is order VIII rule 6A?
Rule 6A provides that the defendant can file the counter claim before he delivers his defence, or before the time to deliver his defence expires. Rule 6A (4) provides that a counter claim can be treated as a plaint and will be governed by rules applicable to plaints.
What is a Rule 11 order?
Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions. (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name – or by a party personally if the party is unrepresented.