CPC 1908 § Order II, Rule 2 — Suit to include the whole claim

Statutory text (English)

(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
intentionally 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.

Explanation.— For the purposes of this rule an obligation and a collateral security for its
performance and successive claims arising under the same obligation shall be deemed respectively to
constitute but one cause of action.

Illustration
A lets a house to B at a yearly rent of Rs.1,200. The rent for the whole of the years 1905, 1906
and 1907 is due and unpaid. A sues B in 1908 only for the rent, due for 1906. A shall not afterwards
sue B for the rent due for 1905 or 1907.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order II, Rule 2 (FRAME OF SUIT): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 60, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 60) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment version…

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