A lets a house to B at yearly rent of Rs 12000/- The rent for the whole of the years 2015, 2016 and 2017 is due and unpaid. A sues B in 2018 only for the rent due for the year 2016. Whether A can afterwards sue for the rent due for the year of 2015 and 2017?
As per Order II Frame of Suit of CPC Rule 2- Suit to include the whole claim (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 internationally 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. This provision consists of two parts, or two situation and these have been explained by the Hon'ble Supreme Court in the case of- Kalyanaswamy (D) v. L. Bakthavatsalam 2020 In this case, the Court explained that Order II Rule 2 has 3 subrules. The first sub-rule is the general principle that a plaintiff should include the whole of his claim in the suit. Sub-rule 2 deals with the effect of omission or relinquishment of a claim and sub-rule 3 deals with the omission of a relief. There is a difference between omission of claim and omission of relief. As per the sub-rule, if a claim has been omitted, a person cannot later, in any condition or circumstance, sue for the same. There is an absolute bar to the second suit. On the other hand, in case of relief, if a person omits the same, he or she can sue for the same with the leave or permission of the Court.
Which of the following element is 21th from right end of the series?
Select the number from among the given option that can replace the question mark (?) in the following series.
17, 18, 22, 31, 47, 72, ?
If 3792 = 39 and 7242 = 22, then 2958 = ?
Arrange the words in the alphabetical order and pick the one that come at second last.
Select the option that is related to the third number in the same way as the second number is related to the first number.
25: 633 :: 34 : ?
Which of the following is the ninth to the right of the 20th element from right end of the above arrangement.
Find the missing alphabet:
D J O ? V X
...Consider the following number sequence:
4 3 4 5 7 3 9 3 5 7 5 4 7 8 9
How many prime numbers are present in the above sequence which are n...
If we arrange all the letters of the word as per the English alphabetical series within the word then how many words will remain unchanged after the rea...
____ and ____ live adjacent to C.