Sections 12, 13 and 14 of the Code of Civil Procedure, 1908

Sections 12, 13 and 14 of the Code of Civil Procedure, 1908 (CPC) deal with the bar to a further suit in certain cases, the circumstances in which a foreign judgment is not conclusive, and the presumption regarding the jurisdiction of the foreign Court.

Legal text reviewed: September 6, 2026. The central CPC provisions below should be read with applicable State amendments, local laws and binding judicial decisions where relevant.

Section 12 CPC

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.

In brief: Section 12 gives effect to procedural rules that bar a plaintiff from bringing another suit on the same cause of action where such a further suit is prohibited.

Section 13 CPC

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 -

where it has not been pronounced by a Court of competent jurisdiction;
where it has not been given on the merits of the case;
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;
where the proceedings in which the judgment was obtained are opposed to natural justice;
where it has been obtained by fraud; or
where it sustains a claim founded on a breach of any law in force in India.

In brief: A foreign judgment is generally conclusive between the parties on matters directly adjudicated, but it loses conclusiveness if any of the six statutory exceptions in clauses (a) to (f) applies.

Section 14 CPC

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.

In brief: Section 14 creates a rebuttable presumption that the foreign Court was competent when a certified copy of the foreign judgment is produced.

Important amendment note

In Section 13, the expression "India" was substituted for the earlier expression "the States" by Act 2 of 1951, section 3, with effect from April 1, 1951.

Official reference: Code of Civil Procedure, 1908 - India Code. For litigation or professional use, verify any applicable State amendments and current judicial interpretation.