SECTION 12, 13, 14 OF CODE OF CIVIL PROCEDURE 1908

What is Bar to further suit? When foreign judgment not conclusive? What is Presumption as to foreign judgments? Section 12, 13 and 14 of Code of Civil Procedure 1908

Bar to further suit, When foreign judgment not conclusive and Presumption as to foreign judgments are defined under Section 12, 13 and 14 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 12 of 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.

 

Section 13 of Code of Civil Procedure 1908 "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 recognize the law of {Subs. by Act 2 of 1951, s.3, for "the States".} [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 {Subs. by Act 2 of 1951, s.3, for "the States".} [India].

 

Section 14 of Code of Civil Procedure 1908 "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.

Home     About Us     Privacy Policy     Disclaimer     Sitemap