In which of the following cases Order II Rule 2 will apply ndash ........

Civil Procedure Code (CPC) 1908 Institution of Suits

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In which of the following cases, Order II Rule 2 will apply –

Where the relief was not in existence when previous suit was filed

When the court permits the withdrawal of earlier suit with liberty to file fresh suit on the same cause of action

In case of arbitration proceedings

All of the above

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Explanation:

Order 2 R 2 of Code of Civil Procedure

ORDER II Frame of Suit

2. Suit to include the whole claim.—(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.