Bar to further suit
Section 12 of the Code of Civil Procedure, 1908 deals with 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. The Act came into force on 01 Jan 1909.
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 12, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vishnu Dutt Sharma vs Daya Sapra
Court's Decision & Legal Precedent
The principle of res judicata and the concept of abuse of process of law do not operate to bar continuation of a civil suit merely because the accused has been acquitted in a related criminal proceeding arising from the same transaction. A judgment in a criminal proceeding, even if it results in acquittal, does not have binding effect on a parallel civil suit as the standards of proof, burden of proof, causes of action, and legal issues are fundamentally different between criminal and civil proceedings. The applicability of reverse burden provisions and statutory presumptions in criminal law must be strictly interpreted and applied with due regard to the presumption of innocence and constitutional rights of the accused, whereas in civil proceedings no such strict compliance is required. A creditor has the right to pursue both criminal and civil remedies concurrently, and the continuation of such proceedings is neither barred by law nor constitutes an abuse of process, provided the civil suit was not barred at the time of its filing.
On this section: Provides for certain grounds of dismissal of suits. The court examined whether res judicata or abuse of process grounds could apply to dismiss the civil suit.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 12
What have the courts held on Section 12 of the Code of Civil Procedure?
Vishnu Dutt Sharma vs Daya Sapra (05 May 2009) is the leading judgment on this section among those set out below: Provides for certain grounds of dismissal of suits. The court examined whether res judicata or abuse of process grounds could apply to dismiss the civil suit.
How do I find court cases under Section 12 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 12, section 12 CPC, section 12 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vishnu Dutt Sharma vs Daya Sapra (05 May 2009).
When did Section 12 of the Code of Civil Procedure come into force?
Section 12 of the Code of Civil Procedure, cited as CPC 12, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.