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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order II: Frame Of Suit

Order II Rule 4 CPC: Only certain claims to be joined for recovery of immovable property

Bare Act text

4. Only certain claims to be joined for recovery of immovable property.—No cause of action shall, unless with the leave of the Court, be joined with a suit for the recovery of immovable property, except—

(a) claims for mesne profits or arrears of rent in respect of the property claimed or any part thereof;

(b) claims for damages for breach of any contract under which the property or any part thereof is held; and

(c) claims in which the relief sought is based on the same cause of action:

Provided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or redemption from asking to be put into possession of the mortgaged property.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

No cause of action may be joined with a suit for recovery of immovable property without the Court's leave, except claims for mesne profits or arrears of rent for that property, claims for damages for breach of a contract under which the property is held, and claims based on the same cause of action. In a foreclosure or redemption suit a party may still ask to be put in possession of the mortgaged property.

Order II: Frame Of Suit

  1. 1 Frame of suit
  2. 2 Suit to include the whole claim
  3. 3 Joinder of causes of action
  4. 4 Only certain claims to be joined for recovery of immovable property
  5. 5 Claims by or against executor, administrator or heir
  6. 6 Power of Court to order separate trials
  7. 7 Objections as to misjoinder
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