A is entitled to more than one relief in respect of a contract entered into with B. He sues for recovery of the part of amount due in a suit against B. A subsequently
Verified Answer
A. Is prohibited from suing for relief which he omitted to claim
B. Seek arbitration for the balance relief which omitted
C. Can bring a suit for balance amount
D. None of the above
Explanation:
Order 2, Rule 2 of the Code of Civil Procedure (CPC) embodies the rule against splitting of claims. If a plaintiff omits to sue for any portion of his claim arising from the same cause of action, he shall not afterwards sue in respect of the portion so omitted or relinquished.