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Mr. G a hostel owner rented out one of the rooms to Mr. H, at a yearly rent of Rs. 1,20,000/-. Mr. H…

G cannot later sue for the 2016 arrears omitted from the first suit. Order II Rule 2 requires the whole claim arising from the same cause of action to be included, and its…

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Mr. G a hostel owner rented out one of the rooms to Mr. H, at a yearly rent of Rs. 1,20,000/-. Mr. H defaulted for the years 2016, 2017 and 2018. Mr. G after issuing legal notice dated 01.02.2019 for the arrears, filed a suit for recovery in 2019 for the rent due of the years 2017 and 2018 only. The said suit was decreed in favour of Mr. G on 01.11.2019. Whether Mr. G can file a subsequent suit for recovery of arrears of the year 2016?

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G cannot later sue for the 2016 arrears omitted from the first suit. Order II Rule 2 requires the whole claim arising from the same cause of action to be included, and its explanation treats successive claims under the same obligation as one cause of action. The rule's yearly-rent illustration directly covers unpaid arrears omitted while suing for other years; this differs from rent accruing only after the first suit.

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