A sues B to recover one of two properties left by C on the ground that he and not B is his heir Ther...........

Professional Legal Knowledge Civil Procedure Code (CPC)

A sues B to recover one of two properties left by C, on the ground that he and not B is his heir. Thereafter, he applies to amend his plaint for including the second property left out in the plaint as originally field. B opposes the application for amendment which is disallowed by the court. A suit by A against B to recover the second property as heir of C would be barred under rule 2:

On the ground that A is to be taken to have omitted to sue for it in the first suit

He made an attempt to include it in that suit which was foiled by the opposition of B

Both (A) and (B)

None of these

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Explanation:

Let’s break it down:

- Option 1: Says a new suit for the second property would be barred because A “omitted to sue” for it in the first suit. That’s the idea behind Order 2 Rule 2 of the CPC—if you leave out part of your claim you should have included, you can’t file a new suit for it later.

- Option 2: Points out A did actually try to include the second property—he applied to amend the plaint but B opposed, and the court said no. So, A didn’t “omit” it voluntarily; he was stopped by the court’s order.

- Option 3: Says both of these explanations are correct.

- Option 4: Rejects the previous options.

Here's what this really means:

Order 2 Rule 2 bars a later suit only if you “intentionally omit” to sue for part of your claim. Here, A tried to bring in the second property but got shot down by the court after B objected. So he didn’t omit it by choice. Courts have held that if you sought amendment and were refused, the bar of Rule 2 doesn’t hit you. You can bring another suit for what you couldn’t include the first time.

So the right answer here is Option 2.

Option 2: He made an attempt to include it in that suit which was foiled by the opposition of B