What is the principle of order 2 rule 2?
Asked by: Mr. Blaise Welch DDS | Last update: January 23, 2026Score: 4.1/5 (44 votes)
“The mandate of Order II Rule 2 is the inclusion of the whole claim arising in respect of one and the same cause of action, in one suit. It must not be misunderstood to mean that all the different causes of action arising from the same transaction must be included in a single suit.”, the Court said.
What is the rule 2 of order 2?
Order II Rule 2 CPC mandates that a plaintiff include the whole claim he is entitled to, arising from the same cause of action, in a single suit. The rule seeks to prevent the splitting of claims and multiplicity of suits based on the same cause of action.
What is the order VI Rule 2?
Every pleading shall contain only a statement in a concise form of material facts on which the party pleading relies but not the evidence by which they are to be proved. Every pleadings must have the facts and not law. It must state all the material facts - Order 6 Rule 2 CPC.
What is under order 7 rule 2?
Order 7, rule 2 provides that in a suit for recovery of money, the plaint shall state the precise amount claimed.
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.
ORDER 2 RULE 2 CPC
What is the difference between Rule 1 and 2 of order 39?
The original Rule 1 of Order 39 enables the Court to grant a temporary injunction in the cases specified in Clauses (a) and (b). Rule 2 of Order 39 enables the Court to grant a temporary injunction to restrain the defendant from committing the breach of a contract or other injury of any kind.
How is the order of an authority quashed?
A quashing order nullifies a decision which has been made by a public body. The effect is to make the decision completely invalid. Such an order is usually made where an authority has acted outside the scope of its powers (ultra vires).
What is bar under order 2 rule 2?
Regarding the “entitlement to” along with the “availability of” the relief as a requisite in determining the applicability of Order II Rule 2, the Court elucidated that, the true import of the bar under Order II Rule 2 must be that it operates to preclude a plaintiff from instituting a second suit, on the same cause of ...
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 under order 8 rule?
Rule 8: New ground of defence.
Any ground of defence which has arisen after the institution of the suit or the presentation of a written statement claiming a set-off or counter-claim may be raised by the defendant or plaintiff, as the case may be, in his written statement.
What is the rule 2 of order 37?
Rule 2: Institution of summary suits upon bills of exchange, etc. Rule 2(1) basically deals with the plaintiff and the plaint. The plaintiff must provide all the relevant details to the court in his plaint. The plaintiff must provide a particular averment that the complaint is being filed in accordance with this Order.
What is the rule 502 D order?
Simply put, Rule 502(d) permits a federal court to enter an order stating that production of documents protected by the attorney-client privilege or work product doctrine does not waive those protections in the specific litigation or any other federal or state proceeding.
What is the rule 4 of order 39?
A perusal of the Provision of Order 39 Rule 4 reveals that any party who has not been noticed, dissatisfied with an order for injunction file an application to the Court granting the injunction to discharge, vary or set aside the injunction.
What is the rule of 2 used for?
Divisibility criteria are methods used to check whether or not a number is divisible by another. For different numbers, we use different criteria. For example, For 2 divisibility rule, the number just needs to be even, to be divisible by 5, the number must have a unity of 5 or 0.
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 order 9?
Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex- parte decree which was passed due to the non-appearance of the defendant in the civil. suit. The court only sets aside the ex-decree when the defendant presents a satisfactory. reason in court or the summons is not served well.
What does Rule 17 mean in court?
Subpoena. (a) Content. A subpoena must state the court's name and the title of the proceeding, include the seal of the court, and command the witness to attend and testify at the time and place the subpoena specifies.
What is order 6 rule 17 Cannot be allowed?
Commencement of trial – meaning of
It is clear from the amended Rule 17 of Order VI of the C.P.C., that no application for amendment is to be allowed after the trial has commenced, unless Court comes to the conclusion that inspite of due diligence, parties could not raise the matter before commencement of the trial.
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.
What is under order 21 rule 2?
Order XXI, Rule 2 (1) provides that where money is paid or a decree is adjusted out of Court the creditor shall certify the payment. Rule 2 (2) that the judgment-debtor may do so: Rule 2 (3) that a payment or adjustment which has not been certified shall not be recognised by the, executing Court.
What is under order 9 rule 2?
If on the date fixed it is found that no summons has issued owing to non- payment of process fees, or that the summons could not be served owing to late payment of process fees, the suit can be dismissed under Order IX, Rule 2. If process fee has been paid as directed, the other provisions of Order IX will apply.
What is Rule 69 A )( 2?
(2) Obtaining Discovery. In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person—including the judgment debtor—as provided in these rules or by the procedure of the state where the court is located.
What can override a court order?
The only way to override a court order is by going back to court and ask a judge to consider a different ruling on a case therefore overriding the original order. But that never happens unless new evidence is presented to the judge.
What is the quo warranto?
Quo warranto is a special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies. Quo warranto is used to test a person's legal right to hold an office, not to evaluate the person's performance in the office.
What is quash rule?
In law, a motion to quash is a formal request made to a court to declare a specific proceeding , such as a subpoena , an arrest warrant , or a legal complaint , as invalid or void . The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.