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Bar to Further Suit, Meaning, Scope, Sec 12 of CPC

Bar to Further Suit, Meaning, Scope, Sec 12 of CPC

As per Lawkidunya, the Bar to Further Suit is the legal profession as an institution. The term is a metonym for the line (or “bar”) that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers.

Bar of Suits Meaning in Hindi

सूट का बार Soot Ka Baar Noun वादों का वर्जन Vadon ka varjan, vaadon kaa varjan, wadon ka warzan

Bar to Further Suit | Section 12(2) CPC

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.

Section 12 of CPC

In simple words, Section 12(2) CPC, speaks of the principle that if a Decree, Order or Judgment is obtained by Fraud, Misrepresentation, or where Question of Jurisdiction has risen, such Order Decree or Judgment shall be challenged through an application in the same court and no other separate Suit shall lie.

“12. 1[(1)] 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.

1[(2) Where a person challenges the validity of a judgment, decree or order on the plea of fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by making an application to the Court which passed the final judgment, decree or order and not by a separate suit.]”

Scope of Section 12(2) of CPC

Where a person challenges the validity of a judgment, decree or order on plea of fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by making an application to the Court which passed the final judgment, decree or order and not by a separate Suit.
Entire case was not examined in its correct perspective which resulted in grave miscarriage of justice : 1994 SCMR 782 S.12 (2) CPC Entire case was not examined in its correct perspective which resulted in grave miscarriage of justice.

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