Order 2 Flashcards
(5 cards)
O2 R1
Every suit to be as far as possible should provide grounds for final disposal
O2 R2
Suit to include whole claim
Suit shall contain whole claim as to cause of action; he may relinquish and portion off his claim
- if omitted relinquished intentionally - he shall not sue wrt it
- person entitled to more than one relief may relinquish all or some such relief. He may not sue wrt these unless without leave of court.
Exp - for the purpose of this section, an obligation and a collateral, and successive claims under the same obligation shall be deemed to constitute same cause of action
O2 R3
Plaintiff can join multiple causes of action against the defendant or defendants; plaintiff can do the same
Where cause of action united - jurisdiction shall be determined by aggregate value of all causes of action
O2 R4
Restriction as to what may be added to suits for recovery of immovable property. Nothing except
- mesne profits claims or arrears of rent
- claim for damages for breach of contract
- claims where the relief sought is based on the same cause of action
Nothing in this section prevents anyone from either foreclosure or redemption to be put into possession of mortgaged property
O2 R5