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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.

Code of Civil Procedure 1908

What is Short title, extent, commencement and provisions? Section 1 of Code of Civil Procedure 1908

What are the definitions? Section 2 of Code of Civil Procedure 1908

What is Subordination of Courts, What is Savings? What is the Application of the Code to Revenue Courts? Section 3, 4, and 5 of Code of Civil Procedure 1908

What is Pecuniary jurisdiction? What are Provincial Small Cause Courts? What is Presidency Small Cause Courts? Section 6, 7, and 8 of Code of Civil Procedure 1908

What is the meaning Courts to try all civil suits unless barred? What is Stay of suit? What is Res judicata? Section 9, 10 and 11 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

Court in which suits to be instituted? What is the meaning Suits to be instituted where subject matter situate? Section 15 and 16 of Code of Civil Procedure 1908

What is the meaning Suits for immovable property situate within jurisdiction of different Courts? Section 17 of Code of Civil Procedure 1908

Where is the Place of institution of suit where local limits of jurisdiction of Courts are uncertain? Section 18 of Code of Civil Procedure 1908

What is Suits for compensation for wrongs to person or movables? Section 19 of Code of Civil Procedure 1908

What is the meaning Other suits to be instituted where defendants reside or cause of action arises? Section 20 of Code of Civil Procedure 1908


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