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Criminal Procedure Code QUESTION #9485
Question 1
A plaintiff A files a suit for recovery. After framing of issues, both parties agree orally before the Court that A will withdraw the suit and that no future suit on the same cause of action shall be filed. The Court records this and dismisses the suit accordingly. Three years later A files a fresh suit on the same cause of action. B raises the bar. Is the second suit maintainable?
  • No; the second suit requires leave of the Court
  • Yes; an oral agreement cannot bar a future suit
  • Yes; res judicata does not apply since there was no adjudication on merits
  • No; where a party is precluded by rules from instituting a further suit in respect of the same cause of action, Section 12 bars the second suit✔️
Correct Answer Explanation
Section 12(1) CPC provides that where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, no such suit shall lie. Order XXIII Rule 1 CPC provides that where a plaintiff withdraws a suit without leave to file a fresh suit, he is precluded from filing again on the same cause of action. The recorded agreement creates such preclusion.