PART I SUITS IN GENERAL · PLACE OF SUING

Section 21A: Bar on suit to set aside decree on objection as to place of suing

The Code of Civil Procedure, 1908

¹[No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing.

Explanation.—The expression “former suit” means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned.]

Footnotes in the official text

1.Ins. by s. 9, ibid. (w.e.f. 1-2-1977).

Questions on this section

1 question in 1 of our papers cite Section 21A. Try these from the free papers:

1. A obtained a decree against B from a Civil Court at Agra in a contested suit, and the decree became final. B later files a separate suit against A seeking a declaration that the decree is invalid, on the sole ground that the suit ought to have been instituted at Mathura and not at Agra. B's suit is:

Practise questions on Civil Procedure Code