Order 2 MCQ Quiz - Objective Question with Answer for Order 2 - Download Free PDF

The correct answer is Option 3.

Key Points Order II Rule 3. Joinder of causes of action.—
(1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit.
(2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on the amount or value of the aggregate subject-matters at the date of instituting the suit.

The correct answer is option 3.Key Points

•  Order 2 of Civil Procedure Code 1908 deals with Framing of suits.
• Rule 2 of Order 2 deals with Suit to include the whole claim.
• (1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of his claim in order to bring the suit within the jurisdiction of any Court.
• (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.
• (3) Omission to sue for one of several reliefs.
  • A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted.
• Explanation.—For the purposes of this rule an obligation and a collateral security for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but one cause of action.

The correct answer is Persons holding powers-of-attorney authorizing them to act on behalf of parties.

Key Points Order 3, Rule 2 - Recognised Agents

• The acknowledged agents permitted to represent parties, making appearances, applications, and performing acts, include:
•  Individuals holding powers-of-attorney that authorize them to carry out such actions on behalf of the concerned parties.
• Persons engaged in trade or business, conducting activities for parties not residing within the local jurisdiction of the Court where the appearance, application, or act occurs.
• This is permissible only in matters related to the specified trade or business, and when no other agent is explicitly authorized to perform these actions.
• This rule outlines the categories of recognized agents empowered to act on behalf of parties in legal proceedings.

The correct answer is option 1.

 Key PointsOrder 2 rule 2 of CPC says  Oral examination of party, or companion of party. - At the first hearing of the suit, the Court-

• (a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and
• (b) may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied.

(2) At any subsequent hearing, the Court may orally examine any party appearing in person or present in Court, or any person, able to answer any material question relating to the suit, by whom such party or his pleader is accompanied.

Explanation: As per Order II rule 2, all the reliefs which can be claimed for particular cause of action has to be claimed in single suit. The purpose of Order 2 Rule 2 of the Code is manifold. It is to warrant that no defendant is sued and made to contest twice in respect to the same cause of action. It is also to prevent a plaintiff from splitting of claims and remedies based on the same cause of action. This rule has to be read with sec 12 CPC. 

The correct answer is option 3.Key Points

•  Order 2 of Civil Procedure Code 1908 deals with Framing of suits.
• Rule 2 of Order 2 deals with Suit to include the whole claim.
• (1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of his claim in order to bring the suit within the jurisdiction of any Court.
• (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.
• (3) Omission to sue for one of several reliefs.
  • A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted.
• Explanation.—For the purposes of this rule an obligation and a collateral security for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but one cause of action.

The correct answer is option 1.

 Key PointsOrder 2 rule 2 of CPC says  Oral examination of party, or companion of party. - At the first hearing of the suit, the Court-

• (a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and
• (b) may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied.

(2) At any subsequent hearing, the Court may orally examine any party appearing in person or present in Court, or any person, able to answer any material question relating to the suit, by whom such party or his pleader is accompanied.

Explanation: As per Order II rule 2, all the reliefs which can be claimed for particular cause of action has to be claimed in single suit. The purpose of Order 2 Rule 2 of the Code is manifold. It is to warrant that no defendant is sued and made to contest twice in respect to the same cause of action. It is also to prevent a plaintiff from splitting of claims and remedies based on the same cause of action. This rule has to be read with sec 12 CPC. 

The correct answer is Persons holding powers-of-attorney authorizing them to act on behalf of parties.

Key Points Order 3, Rule 2 - Recognised Agents

• The acknowledged agents permitted to represent parties, making appearances, applications, and performing acts, include:
•  Individuals holding powers-of-attorney that authorize them to carry out such actions on behalf of the concerned parties.
• Persons engaged in trade or business, conducting activities for parties not residing within the local jurisdiction of the Court where the appearance, application, or act occurs.
• This is permissible only in matters related to the specified trade or business, and when no other agent is explicitly authorized to perform these actions.
• This rule outlines the categories of recognized agents empowered to act on behalf of parties in legal proceedings.

The correct answer is option 3.Key Points

•  Order 2 of Civil Procedure Code 1908 deals with Framing of suits.
• Rule 2 of Order 2 deals with Suit to include the whole claim.
• (1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of his claim in order to bring the suit within the jurisdiction of any Court.
• (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.
• (3) Omission to sue for one of several reliefs.
  • A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted.
• Explanation.—For the purposes of this rule an obligation and a collateral security for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but one cause of action.

The correct answer is Option 3.

Key Points Order II Rule 3. Joinder of causes of action.—
(1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit.
(2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on the amount or value of the aggregate subject-matters at the date of instituting the suit.

Explanation- As per order II rule 3 of the civil procedure code a plaintiff can unite several cause of action in the same suit against the same defendant.

Explanation- As per order II rule 2 of the civil procedure code in any suit or claim 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.