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

Civil Procedure Code (CPC) 1908 Plaint and Written Statement

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:

- Option 1: On the ground that A is to be taken to have omitted to sue for it in the first suit.

- Under Order II Rule 2 CPC, a person must include the whole claim arising from the same cause of action in one suit. If A intentionally omits any part (like the second property), he cannot sue for it later.

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

- If A tried to include the second property via amendment, but the court refused (perhaps due to B’s objection), then A cannot be blamed for omitting it. This would generally allow A to bring a fresh suit for the second property.

- Option 3: Both (A) and (B).

- Both statements cannot be simultaneously true because if A was prevented from suing by the court's refusal, Order II Rule 2 would not bar him.

- Option 4: None of these.

- This option is incorrect because Option 2 provides a valid reason why a second suit might not be barred.

Correct Answer:

Option 2 is correct: Since A tried but was denied by court (due to B’s objection), A can file a new suit, and it is not barred by Order II Rule 2.