A lets a house to B at yearly rent of Rs. 12,000/-. The rent for the whole of the years 2015, 2016 and 2017 is due and unpaid. A sues B in 2018 only for the rent due for the year 2016. Whether A can after wards sue for the rent due for the year of 2015 and 2017?
Verified Answer
A. Yes
B. No
C. If he shows good cause
D. None of the above
Explanation:
Under Order 2 Rule 2 of the Civil Procedure Code (CPC), if 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. In this case, A sued only for the rent of 2016, omitting the rent for 2015 and 2017, which were also due at the time of filing the suit. Therefore, A cannot subsequently sue for the rent of 2015 and 2017.