Under which other provisions of the Code of Civil Procedure besides Section 11, a second suit has been barred? Discuss briefly

Question: Under which other provisions of the Code of Civil Procedure besides Section 11, a second suit has been barred? Discuss briefly. [U.P. (C.J.), 2013]

Find the answer to the mains question only on Legal Bites. [Under which other provisions of the Code of Civil Procedure besides Section 11, a second suit has been barred? Discuss briefly.]

Answer

Section 12 of the Code of Civil Procedure, 1908 provides that where a plaintiff is precluded from instituting a further suit in respect of a particular cause of action, then he shall not be entitled to institute a suit in respect of that cause of action in any court to which the CPC applies.

The rationale underlying this provision is the prevention of (i) endless litigation; (ii) wastage of the court’s precious time; and (iii) abuse of legal procedure by litigants.

Interest reipublicae ut sit finis litium i.e. it is in the interest of the society that litigation comes to an end. Therefore, if a plaint attracts Section 12 CPC, it is automatically not maintainable.

However, like almost every rule of law, this one also has exceptions. One such exception is provided in sub-rule (3) of Order 23 Rule 1 CPC. Simply put, under sub-rule (3), the trial court is empowered, upon an application, to allow a plaintiff to withdraw his defective suit, take necessary steps to cure that defect, and then institute a fresh suit on the same cause of action and claiming same reliefs.

This provision is quite important since in its absence, at a later stage of trial the maintainability of the suit would be questioned by the defendant which could potentially make the entire process of the civil trial (which normally takes decades in our country) infructuous, thereby robbing the plaintiff of his legal rights and remedies and leading to wastage of the court’s time and resources as well.

Besides this, the CPC precludes a plaintiff from instituting a suit in the following cases:

1. Section 11– Where a suit is barred by cases: res judicata.
2. Section 21-A – Where a decree is sought to be challenged on objection as to territorial (and or pecuniary) jurisdiction of a Court.
3. Section 47(1) – Where question relates to execution, discharge, or satisfaction of a decree.
4. Section 95(2)-Where an order is made determining an application for compensation for arrest, attachment, or temporary injunction.
5. Section 144(2) – Where restitution can be claimed.
6. Order 2 Rule 2-Where there is the omission to sue in respect of part of the claim by a plaintiff.
7. Order 9 Rule 9 – Where a decree is passed against a plaintiff by default.
8. Order 11 Rule 21(2) – Where a suit is dismissed for non-compliance with an order of discovery.
9. Order 22 Rule 9 – Where a suit has abated.
10. Order 23 Rule 1(1) – Where a suit or part of a claim has been abandoned by a plaintiff.
11. Order 23 Rule 1(3) – Where a suit or part of a claim has been withdrawn by a plaintiff without the leave the court
12. Order 23 Rule 3-A – Where a compromise decree is sought to be challenged on the ground that the compromise was not lawful.

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