CPC 12 — Bar to further suit

Code of Civil Procedure, 1908

Statutory text

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.
13.  When  foreign  judgment  not  conclusive.—A  foreign  judgment  shall  be  conclusive  as  to  any
matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except—
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c)  where  it  appears  on  the  face  of  the  proceedings  to  be  founded  on  an  incorrect  view  of
international law or a refusal to recognise the law of

[India] in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in

[India].
14.  Presumption  as  to  foreign  judgments.—The  Court  shall  presume  upon  the  production  of  any
document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by
a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
P
LACE OF SUING

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