Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 40

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 40, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

    Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit
in question whether or not it was instituted prior thereto.
    Explanation II.—For the purposes of this section, the competence of a Court shall be determined
irrespective of any provisions as to a right of appeal from the decision of such Court.
   Explanation III.—The matter above referred to must in the former suit have been alleged by one party
and either denied or admitted, expressly or impliedly, by the other.
    Explanation IV.—Any matter which might and ought to have been made ground of defence or attack
in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
   Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall
for the purposes of this section, be deemed to have been refused.
    Explanation VI.—Where persons litigate bona fide in respect of a public right or of a private right
claimed in common for themselves and others, all persons interested in such right shall, for the purposes
of this section, be deemed to claim under the persons so litigating.
    1
    [Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree
and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a
proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the
execution of that decree.
   Explanation VIII.—An issue heard and finally decided by a Court of limited jurisdiction, competent to
                                                                              e
decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of
                                                                          od
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been
subsequently raised.]
                                                                       aC
   12. 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.              di
                                                           In
   13. 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 recognise the law of 2[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 2[India].
   14. 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.
                                                             Place of Suing
   15. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest
grade competent to try it.
   16. Suits to be instituted where subject-matter situate.—Subject to the pecuniary or other
limitations prescribed by any law, suits—
             (a) for the recovery of immovable property with or without rent or profits,
             (b) for the partition of immovable property,


1. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977).
2. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).


                                                                  40

Compare original page image