Suit to include the whole claim
"................ Order 2 Rule 1 CPC requires every suit to include the whole of the claim to which the plain- tiff is entitled in respect of any particular cause of action. However, the plaintiff has an option to relinquish any part of his claim if he chooses to do so. Order 2 Rule 2 CPC contemplates a situation where a plaintiff omits to sue or intentionally relinquishes any portion of the claim which he is entitled to make. If the plaintiff so acts, Order 2 Rule 2 makes it clear that he shall not, afterwards, sue for the part or portion of the claim that has been omitted or relinquished. Leave of the Court is con- templated by Order 2 Rule 2(3) in situations wherea plaintiff being entitled to more than one relief on a particular cause of action, omits to sue for all such reliefs. In such a situation, the plaintiff is precluded from bringing a subsequent suit to claim the relief earlier omitted except in a situation where leave of the Court had been obtained. It is clear from a conjoint reading of the provisions of Order 2 Rules 2(2) and (3) that the aforesaid two sub-rules of Order 2 Rule 2 contemplate two different situations, namely, where a plaintiff omits or relinquishes a part of a claim which he is entitled to make and, secondly, where the plaintiff omits or relinquishes one out of the several reliefs that he could have claimed in the suit. It is only in the latter situations where the plaintiff can file a subsequent suit seeking the relief omitted in the earlier suit proved that at the time of omission to claim the particular relief, he had obtained leave of the Court in the first suit. (Para 9) The object behind the enactment of Order 2 Rules 2(2) and (3) CPC is not far to seek. The Rule engrafts a laudable principle that discourages/prohibits vexing the defendant again and again by multiple suits except in a situation where one of the several reliefs, though available to a plaintiff, may not have been claimed for a good reason. A later suit for such relief is contemplated only with the leave of the court which leave, naturally, will be granted upon due satisfaction and for good and sufficient reasons. (Para 10) The cardinal requirement for application of the provisions contained in Order 2 Rules 2(2) and (3). therefore, is that the cause of action in the later suit must be the same as in the first suit. (Paras 11 and 12). The object behind the enactment of the provisions of Order 2 Rule 2 CPC that seeks to avoid y multiplicity of litigations on the same cause of action. That true object of the law would not stand fully subserved by holding that the provisions of the Order 2 Rule 2 CPC will apply only if the first suit is disposed of and not in a situation where the second suit has been filed during the pendency of the first suit. Order 2 Rule 2 CPC will apply to both the aforesaid situations. (Para 17). ....................".- Virgo Industries (Eng.) (P) Ltd. v. Venturetech Solutions (P) Ltd. (2013) 1 SCC 625
