List of Rules in CPC which bar a fresh suit in respect of the same cause of action.

 

List of Rules in CPC which bar a fresh suit in respect of the same cause of action.

Section 12 Bar to Further Suit: 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.

                               Comments

“ Rules” u/s 2(18) of CPC means rules which are contained in the First Schedule or rules made by the High Court u/s 122 or 125 of CPC.

The following is a List of the Rules that bar a fresh suit in respect of the same cause of action.

1.     Order 2 Rule 2 : According to this rule

   - Where a plaintiff omits to sue in respect of or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

   - Where a person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the Court, to sue for all such reliefs, then he shall not afterwards sue for any relief so omitted.

2. Order 9 Rule 9 : Where the suit of the plaintiff is dismissed wholly or partly due to his default of appearance, then the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action.

3. Order 11 Rule 21(2) : Where the plaintiff fails to comply with any order to answer interrogatories, or for discovery or inspection of document, then he shall be liable to have his suit dismissed for want of prosecution and shall also be precluded from bringing a fresh suit on the basis on the same cause of action.

4. Order 22 Rule 9 : Where a suit abates under Order 22 of CPC (This Order relates to death, marriage and insolvency of parties), then no fresh suit shall be brought on the same cause of action.

5. Order 23 Rule1(1) : Where the plaintiff abandons his suit or part of claim against all or any of the defendants then he shall be precluded from instituting any fresh suit in respect of such subject matter or such part of the claim.

6.Order 23 Rule 1(3): Where the plaintiff withdraws from a suit or part of a claim without the permission of the court then he shall be precluded from instituting any fresh suit in respect of such subject matter or such part of the claim.

7. Order 23 Rule 3A : No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.