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A lets a house to B for ₹1,200 a year. Rent for 1905, 1906 and 1907 is due and unpaid and, as in the…

Order II rule 2(2) bars a later suit for an omitted portion of the same claim. In this illustration, the unpaid rent for 1905 and 1907 was already due and formed part of the…

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A lets a house to B for ₹1,200 a year. Rent for 1905, 1906 and 1907 is due and unpaid and, as in the illustration to Order II rule 2 of the Code of Civil Procedure, 1908, the arrears form one claim on the same cause of action. In 1908, A sues for the 1906 rent alone. For which of the omitted years may A later sue for rent?

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Answer and explanation

Correct answer A

Order II rule 2(2) bars a later suit for an omitted portion of the same claim. In this illustration, the unpaid rent for 1905 and 1907 was already due and formed part of the same claim when A sued for 1906 alone. Neither omitted year can be pursued by a later suit.

Option feedback

Option A

Both omitted years are portions of the same claim and are barred by rule 2(2).

Option B

The rent for 1905 was due when A brought the first suit and is part of the same omitted claim.

Option C

The bar applies to both omitted portions of the same claim.

Option D

The rent for 1907 was due when A brought the first suit and is part of the same omitted claim.

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