Code
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.
Explanation of Section 12 CPC
Section 12 CPC acts as a procedural bar on re-litigating the same cause of action when the plaintiff has already been precluded from filing another suit by any rule of law, especially those under the CPC itself. The objective is to prevent duplicity of litigation and to ensure that parties cannot try to re-litigate claims that are already barred, especially due to non-compliance with procedural norms such as those under Order 2 Rule 2 CPC.
It aligns with the legal principle that the plaintiff must come to court with the full cause of action in one attempt and must not split the claim across multiple suits. If the law, rules, or prior conduct of the plaintiff bars a fresh filing, Section 12 ensures that such barred suits are not allowed.
Key takeaways:
- Section 12 only applies when rules preclude a fresh suit.
- It focuses on the same cause of action — meaning the same facts and legal grounds.
- It applies to all courts governed by the CPC.
Illustration
Let’s say A files a suit against B for possession of a property based on a sale deed, but A does not include a prayer for mesne profits (compensation for wrongful occupation), though the same transaction allows for such a claim. The court disposes of the case without granting mesne profits.
Later, A tries to file a separate suit claiming mesne profits from B. However, this is barred by Order 2 Rule 2 CPC because A ought to have included the mesne profits claim in the earlier suit.
Therefore, Section 12 CPC will apply, and the second suit will not be allowed.
Common Questions & Answers on Section 12 CPC
Q1. What is the difference between Section 11 and Section 12 CPC?
Section 11 CPC (Res Judicata) bars a fresh suit based on prior adjudication by a competent court. Section 12 CPC bars a fresh suit based on procedural limitations or rules, like Order 2 Rule 2. Section 11 is substantive; Section 12 is procedural.
Q2. Can a plaintiff file a second suit if the first one was withdrawn?
Only if the withdrawal was with permission of the court to file a fresh suit under Order 23 Rule 1(3). If the suit was withdrawn without liberty, a fresh suit is barred under Section 12 CPC.
Q3. What are the rules that may “preclude” a plaintiff from filing a new suit?
Commonly:
- Order 2 Rule 2 CPC (splitting of cause of action)
- Order 23 Rule 1 CPC (withdrawal of suits without liberty)
- Statutory bars under special Acts (like Consumer Protection Act, Rent Control Laws, etc.)
Q4. Can Section 12 CPC be applied by the defendant as a ground for dismissal?
Yes. The defendant may raise the objection that the present suit is barred under rules of CPC and therefore not maintainable under Section 12 CPC.
