Bar to further suit [Bar of suit] (Section 12 of the Code of Civil Procedure)

Bar to further suit

According to Section 12 of the Code of Civil Procedure, where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.

The main object of this section is to prevent endless litigations and to prevent abuse of Legal procedure...

The Code of Civil Procedure 1908 precludes a plaintiff from instituting a suit in the following cases -

1) Where is suit is barred by Res-judicata (Section 11 of CPC)

2) Section 21(1) No objection as to the place of suing shall be allowed by any appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues or settled at or before such settlement, and unless there has been a consequent failure of justice.

3) Section 47(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

4) Section 95(2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction.

5) Section 144(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).

6) Where a suit is dismissed for non-compliance with an order of Discovery. [Order 11, Rule 21(2)]

7) Where a suit is abated [Order 22 Rule (9)]

8) Where a suit or part of a claim has been abandoned by the plaintiff [Order 23 Rule 1(1)]

9) Where a suit or part of a claim has been withdrawn by a plaintiff without the leave of the court [Order 23 rule 1(3)]

10) Where a compromise decree is sought to be challenged on the ground that the compromise was not lawful [Order 23 rule 3(a)]

Bar to further suit [Bar of suit] (Section 12 of the Code of Civil Procedure)