Supreme Court: Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit

 In S. Nazeer Ahmed v. State Bank of Mysore and Ors. reported in   MANU/SC/7017/2007 : 2007:INSC:34 : (2007) 11 SCC 75, this Court categorically held that if the Defendant wishes to show that the causes of action were identical in both suits, it is necessary for him to have marked the earlier plaint in evidence and then make out that there was a relinquishment of a relief by the Plaintiff, without the leave of the Court. It was also stated that Order II Rule 2 is directed towards securing an exhaustion of the relief in respect of a cause of action and not to the inclusion in one and the same action of different causes of action, even though they may arise from the same transaction. In other words, a number of causes of action may arise out of the same transaction and it is not the mandate of Order II Rule 2 that they should all be included in one suit. On the other hand, what is required is that every suit shall include the "whole of the claim" arising out of "one and the same cause of action". {Para 46}

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 372-373 of 2025.

Decided On: 15.01.2025

Cuddalore Powergen Corporation Ltd. Vs. Chemplast Cuddalore Vinyls Limited and Ors.

Hon'ble Judges/Coram:

J.B. Pardiwala and R. Mahadevan, JJ.

Author: J.B. Pardiwala, J.

Citation: 2025 INSC 73,MANU/SC/0071/2025.

Read full Judgment here: Click here.

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