Key Points About Splitting of Cause of Action

Splitting of Cause of Action:

Splitting of cause of action refers to the practice of dividing a single cause of action into multiple parts and filing separate suits for each part, even though all parts arise from the same set of facts or circumstances. This is typically done to circumvent the legal principle of finality or to prolong litigation. Order 2 Rule 2 of the Code of Civil Procedure (CPC) specifically prohibits the splitting of causes of action, as it seeks to prevent unnecessary and repetitive lawsuits over the same issue.

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Key Points About Splitting of Cause of Action:

1. Single Cause of Action:

   • A cause of action is the set of facts or circumstances that give rise to a right to sue. It consists of the essential facts that must be proven in court to support a claim.

   • Splitting occurs when a plaintiff chooses to divide the entire claim arising from a single cause of action and files multiple suits, instead of presenting all claims together in one suit.

2. Barred by Order 2 Rule 2:

   • Order 2 Rule 2 of the CPC states that if a plaintiff omits any part of a claim arising from the same cause of action in the first suit, they cannot file a subsequent suit for that part of the claim. The law mandates that all claims arising from the same cause of action must be combined in one suit.

   • Example: If a person sues for breach of contract, but omits to claim damages for loss of reputation in the first suit, they cannot file a second suit later to claim that particular loss, as the cause of action (breach of contract) is the same.

3. Purpose of Preventing Splitting:

   • Avoiding Multiple Lawsuits: The primary objective of preventing splitting is to avoid the judicial burden of handling multiple suits for the same cause of action, which would lead to unnecessary delays and costs.

   • Efficiency in the Legal Process: It ensures that all related disputes are heard together, reducing the possibility of contradictory decisions and ensuring that the court resolves the entire issue in a single proceeding.

   • Finality of Judgment: By requiring all claims to be heard in one suit, the law ensures that a party cannot bring piecemeal litigation. It also avoids any possibility of re-litigating the same issue after a decision has been rendered.

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Examples of Splitting of Cause of Action:

1. Breach of Contract Case:

   • Suppose A enters into a contract with B and alleges a breach of contract. A files a suit seeking to recover the principal amount due under the contract, but later decides to file a separate suit for the interest on the same amount. The second suit for interest would be barred, as the claim arises from the same cause of action (the breach of contract).

2. Property Dispute:

   • If a person sues for possession of a property, but omits to claim compensation for use and occupation in the first suit, they cannot file a second suit later for the compensation as it arises from the same set of facts (the ownership and possession of the property).

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Legal Implications and Consequences of Splitting the Cause of Action:

1. Prevention of Filing Subsequent Suits:

   • If a plaintiff splits the cause of action and omits a claim, then Order 2 Rule 2 bars them from bringing a subsequent suit for that omitted claim, unless the court has allowed them to withdraw the previous suit with liberty.

2. Res Judicata:

   • If the cause of action is split and multiple suits are filed, the court may treat the claims as already adjudicated under the principle of Res Judicata once a final judgment is given in any of the suits. This can preclude the plaintiff from pursuing the omitted claims in future suits.

3. Possible Dismissal of Suits:

   • The court may dismiss any subsequent suit for the same cause of action that has been split, in order to uphold the integrity of the legal process.

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Distinction Between Splitting of Cause of Action and Joinder of Causes of Action:

• Splitting: Refers to dividing a single cause of action into multiple parts and filing separate suits for each part.

• Joinder: Refers to combining multiple causes of action in one suit. A party may sue for different claims (such as breach of contract, tort, or property disputes) arising from different circumstances, but they may be joined together in a single suit.

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Conclusion:

Splitting of cause of action is prohibited by Order 2 Rule 2 of the CPC to ensure that claims arising from the same facts or circumstances are decided together in one suit, promoting judicial efficiency, preventing multiple lawsuits, and ensuring finality in the legal process.