1. Introduction
Order II of the Civil Procedure Code (CPC) deals with the frame of a suit. It ensures that every civil action is structured properly, presenting all claims arising from the same cause of action in a single proceeding. This promotes judicial economy and prevents multiple suits for the same matter.
2. Suit to Include the Whole Claim (Rule 2)
The plaintiff must include the entire claim arising from one cause of action in one suit. Splitting a cause of action into separate suits is barred, and omission to claim a part of it without permission may preclude future recovery. This rule protects defendants from repetitive litigation.
3. Several Reliefs (Rule 3)
When multiple reliefs arise from a single cause of action, the plaintiff may seek all or any of them in one suit. However, if the plaintiff omits one relief without the court's leave, they cannot later sue for that omitted relief. Courts encourage inclusion of all connected reliefs for comprehensive adjudication.
4. Joinder of Causes of Action (Rule 3A & 4)
Plaintiffs may unite multiple causes of action against the same defendant if permitted by the court, provided such joinder does not cause confusion or delay. Courts retain discretion to order separate trials when necessary for clarity or convenience.
5. Objections as to Misjoinder
Objections regarding misjoinder or improper framing of suits must be raised at the earliest opportunity. Delay in raising such objections may result in waiver. The court may strike out misjoined causes or direct appropriate amendments to secure justice.
6. Conclusion
Order II upholds the principle of finality in litigation by requiring that all claims arising from the same cause be consolidated. Proper framing avoids duplicity, conserves judicial resources, and ensures fairness to both parties. It is a procedural safeguard that balances efficiency with the right to a complete hearing.