Section 21A of The Code of Civil Procedure, 1908
Baron suit to set aside decree on objection as to place of suing.
1[21A. Bar on suit to set aside decree on objection as to place of suing.-- 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.]
Summary
- Section 21A of The Code of Civil Procedure, 1908, prohibits filing a new suit to challenge the validity of a previous court decision based on where the original case was held.
- This bar applies to challenges regarding the place of suing, which refers to the territorial or geographic location of the court.
- The restriction holds true for the original parties to the case or anyone who legally represents their interests.
- For this rule to apply, the parties must be litigating under the same legal title or capacity.
- A "former suit" is defined as any legal case decided before the court makes its decision in the current suit where the validity is being questioned.
Practical examples
FAQ
1. Can I start a new case to cancel an old decree because the first court was in the wrong city under CPC Section 21A?
No, Section 21A of the Civil law explicitly stops you from filing a new suit to challenge a previous decree if your only reason is an objection to the court's location.
2. Does the bar in Section 21A of The Code of Civil Procedure, 1908, apply to the family members of the people in the original case?
Yes, Section 21A of the Act applies to the original parties and anyone who claims a legal right through them, such as heirs or successors.
3. What counts as a "former suit" when looking at Section 21A of the Civil law?
Under Section 21A of the Act, a former suit is any case that was decided before the decision in the current suit where you are questioning the decree's validity.
Test yourself
1.Under Section 21A of The Code of Civil Procedure, 1908, what is the primary ground for an objection that is barred from being raised in a new suit?
2.How does Section 21A of The Code of Civil Procedure, 1908, define a "former suit" in terms of timing?
3.Under Section 21A of The Code of Civil Procedure, 1908, who is bound by the restriction on filing a fresh suit?
4.If an existing decree was passed by a court that supposedly lacked territorial jurisdiction, what is the effect of Section 21A of The Code of Civil Procedure, 1908?