Does order 2 rule 2 cpc applicablle on defendant also?
Supreet singh
(Querist) 31 October 2019
This query is : Resolved
Hello dear lawyers,
Order 2 rule 2 of cpc states that (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.
Does it applicable on defendant also?
I mean if plaintiff intentially left a claim which was against him and defendant needs to file a new case.
Can defendant file a fresh suit to prrove his point or to proove forgery of documents?
venkatesh Rao
(Expert) 31 October 2019
In the written statement itself, he can set up counter claim and he need to pay required court fee based on his claim. No need to file fresh case.
Supreet singh
(Querist) 31 October 2019
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SHIRISH PAWAR, 7738990900
(Expert) 01 November 2019
Dear Mr. singh,
As you have already appointed advocate so follow his advice otherwise you will be confused. If you are not satisfied with your advocate you can change him.
Regards,
Dr J C Vashista
(Expert) 02 November 2019
Yes, the provisions of Order II Rule 2 CPC are equally applicable to defendant, wherein you have relinquished your claim and neither moved counter claim nor set off against the plaintiff.
Consult your lawyer for better appreciation of facts and guidance since s/he is well aware about the circumstances/ documents/ evidence and an able, competent and intelligent enough to take care of your query / sail you through.
