Introduction

The provision enumerates the bar or imposes a restriction on the plaintiff to not file a certain sort of suit.

The section of the Code of Civil Procedure applies to all the courts which fall within the ambit of the code thereof.

Section 12 of the Code of Civil Procedure, 1908

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.

Interpretation of the provision

The restrictions thereby imposed on the plaintiffs, if a specific matter in being addressed in an appeal, the one who has filed the suit cannot file any other suit on the same cause of action in any court which falls within the purview of the Code of Civil Procedure.

It therefore promotes the concept of finality in legal proceedings thereby assuring that the requisite parties to the case cannot attempt again and again to gain a different outcome.

By the bars that are put on the plaintiff, it thereby saves the judicial resources of the society, furthermore boosting the judicial efficiency.

Landmark Case Laws

Hari Ram v Lichmaniya, 2003

“Rules” [section 2(18) and section 122]. As to rules precluding a fresh suit see O II rule 2; O IX rule 9; O XXII rule 9 and O XXIII rule 1. Section 12 bars the plaintiff from instituting “further suit” based on and in respect of the such cause of action, which was cause of action in earlier suit.

Nanubati v Bhairo,1932

Where a suit was wrongly instituted against a person as heir of another person and decreed, a fresh suit against the real heir is not barred.

Sat Pal Mohindra v Surinder Timber Stores,1999

Where during the pendency of proceedings before Consumer Forum, a civil suit is filed for different relief; jurisdiction of the Consumer Forum is not ousted.

Conclusion

For the futuristic view, the courts must thereby identify and reject the suits which in their essence violate the antecedent provision of the Code of Civil Procedure, 1908.

Moreover, the plaintiffs on their parts should also be more vigilant and ensure that they are not initiating multiple proceedings on the same cause of action.