Bar to Jurisdiction: Meaning and Types

The civil court has the power to try and decide every matter of a civil nature unless it is expressly barred by the express provision of the law. Apart from the statutory bar, there are other reasons, such as the expiry of the limitation period, the pendency of another suit on the same cause of action, and a previous decision of the court on the same subject matter, which restrict the court from accepting the suit for trial and adjudication.

Legal Provisions under the Code of Civil Procedure

The jurisdiction of the civil court to try and adjudicate a civil suit is based upon several factors, such as the value of the subject matter of the dispute, the pace of the occurrence of the cause of action, and the place of work or residence of the defendant. However, the court's jurisdiction is determined by taking all of these factors into account at the same time. Despite these factors, there are some other factors that are equally important for the determination of the court's jurisdiction. They are called "bars to the jurisdiction."

Types

Bars to the court’s jurisdiction are of the following types

• Bar by stay of suit

• Bar by resjudicata

• Bar by limitation

• Bar by special statutory act

Let’s discuss each one of them in brief

Bar by Stay of Suit

Section 10 of the Code of Civil Procedure prohibits courts with parallel jurisdiction from trying and adjudicating two litigations involving the same subject-matter, based on the same cause of action, and seeking the same relief. So if there are two suits filed by the same plaintiff in the two district courts having partial jurisdiction over the subject matter, then only the suit that was filed earlier shall be tried and adjudicated, and the suit that was filed later shall not be tried due to the bar imposed by Section 10 of the Code of Civil Procedure. It is important to make a distinction between the institution of the suit and the trial of the suit.

The bar imposed by Section 10 is not upon the institution of the suit; it is the trial of the suit that is restricted. So, while a plaintiff may file two suits on the same cause of action, the court will not proceed with the trial of the suit filed later after being informed by the defendant against whom both suits have been filed. Furthermore, under Section 10, suit proceedings are only stayed, not dismissed or terminated.

Conditions for Attracting the Bar Under Section 10 

The following conditions must be satisfied for imposing the bar under Section 10

• There are two parallel suits filed by the same plaintiff against the same defendant.

• The matter in dispute in the later suit must be substantially the same as in the previous suit.

• Both the suits are pending in the courts in India, which have parallel jurisdiction over the matter in dispute.

• The parties to the suit must be litigating under the same title and for the same relief in both suits.

Bar by Resjudicata

Section 11 of the Code of Civil Procedure imposes a bar upon the jurisdiction of the court to try a subsequent suit in relation to a dispute in respect of which a suit between the same parties for the same relief has already been decided by the court of competent jurisdiction. The bar imposed by Section 11 is generally called "the bar" by the doctrine of res judicata. The resjudicata bar applies to a subsequent suit, regardless of whether it was filed earlier than the previously decided suit. So even if the suit is instituted earlier, the bar of resjudicata would be applicable to the suit that is to be decided later, and it would prohibit the court from deciding it again. The bar imposed by resjudicata is a rule of public policy that provides that once a matter is finally decided by a competent court, no party can be permitted to reopen it in subsequent litigation.

Bar to further suit by Section 12 of the Code of Civil Procedure

Section 12 of the Code of Civil Procedure provides that if a plaintiff is prohibited from instituting a further suit in respect of a particular cause of action, he shall not be entitled to institute a suit in respect of that cause of action in any court to which the provisions of the Code of Civil Procedure apply.

The purpose behind this provision of the code is to prevent abuse of legal procedure by litigants and to save the precious time of the court by preventing the institution of litigation. Therefore, if a plaint attracts Section 12 CPC, it is automatically not maintainable, and it is in the interest of society that litigation comes to an end.

Bar by Limitation

A bar imposed by limitation is a statutory bar provided by Section 3 of the Limitation Act of 1963. The provision provides that every suit instituted after the expiry of the prescribed period shall be dismissed, although limitation has not been set up as a defence.

This section places a statutory obligation on the courts to examine whether the suit is filed within limitation or not; if the suit is filed beyond limitation, the court must dismiss the suit. It is the duty of the court to take notice of the provision and test every suit for limitation; if it is found that the suit is beyond the prescribed period of limitation, it shall not be permitted to proceed with and shall be dismissed for the same.

A provision in Rule 6 of Order 7 of the Code of Civil Procedure states that if a suit is filed after the time limit has passed, the plaintiff must show the grounds for the delay.

Bar by Special Statutory Provision

Under this provision, the jurisdiction of a civil court is barred by the express provision made in a special law such as the Consumer Protection Act of 1986 or the Administrative Tribunal Act of 1985.

The Consumer Protection Act of 1986 is a special law dealing with cases relating to disputes over defects in consumer goods and deficiencies in the services provided by the service provider after taking charges for the said services. The consumer protection act prohibits civil courts from hearing disputes involving defects in consumer goods and deficiencies in service provided by the service provider and instead gives consumer forums exclusive jurisdiction over such disputes. So after enactment of this act, no civil court has jurisdiction to try and adjudicate upon the disputes in relation to which special and exclusive jurisdiction is given to the consumer forum. So this way, the jurisdiction of the civil court is barred.

Similarly, the Administrative Tribunal Act of 1985 bars the jurisdiction of the civil court in relation to the disputes that arise between government employees and the government over any of the issues related to recruitment and conditions of service.

Conclusions

Every civil court has been provided with the jurisdiction to try a suit of a civil nature, but there are various circumstances under which a kind of prohibition is imposed upon the power of the court to try and adjudicate a suit. If any suit is affected by any of the provisions imposing a ban on the powers of the court, the court has to either dismiss the suit or stop the proceeding in the suit, as the case may be. A bar by limitation is a flaw in a suit that allows the court to dismiss it if he is satisfied that the suit was filed after the period of limitation had expired and no reasonable cause is pleaded for the delay.

Bar by resjudicata has the effect of prohibiting the filing of a second suit on the same cause of action for the same subject matter of dispute between the same parties when it is shown that a previous suit on the same merit has already been decided between the parties by the court of competent jurisdiction. The purpose behind the rule of resjudicata is to provide finality to the judgment of the court and to stop the litigant from initiating litigation on the same matter again and again. The bar by stay of suit has the effect of prohibiting parallel proceedings between the same parties on the same subject matter and cause of action. The purpose behind the rule of "stay of suit" is to prohibit parallel proceedings in a different court between the same parties on the same subject matter and same cause of action.

Frequently Asked Questions

Q1.  What is the effect of bar due to stay of suit?

Ans. Section 10 of the Code of Civil Procedure provides for a bar due to a stay of suit. It has the effect of staying the trial of the suit. Therefore, in order to apply the provision of Section 10, a previous suit on the same subject matter between the same parties on the same cause of action should have been pending at the time of filing the second suit on the same merit. The bar under Section 10 prohibits the trial of the subsequent suit. It shall not bar the filing of the suit.

Q2. What is the limitation period?

Ans. Limitation is the time period provided for taking steps by the aggrieved person for the redress of his grievances. If steps by way of filing civil suits to claim the infringed right or damages on account of the injury are taken by the plaintiff within the stipulated time period, his right to claim damages will be barred by the law of limitation.

Q3. What happens if the court fails to take notice of the limitation?

Ans. It is the duty of the court to check every suit at the time of consideration for satisfaction of the condition of the prescribed limitation period. If the suit is filed beyond that period, the court has no option but to dismiss the suit unless a suitable and reasonable cause is pleaded in the plaint itself as to why such a delay was caused in filing the suit. However, if the court fails to take notice of the limitation period, in a suit that is filed beyond the prescribed period, a decree is passed. That decree is valid and as good as one issued by the court in normal proceedings.

Q4. Whether a decree passed in a suit barred by limitation is a nullity and therefore can be ignored in subsequent litigation?

Ans. A decree passed in a suit barred by limitation is a valid decree. Therefore, it cannot be ignored in subsequent litigation and would apply as res judicata to bar subsequent litigation on the same subject matter between the same parties on the same cause of action.