Wednesday, 6 January 2021

Bar on suit to set aside decree on objection as to place of suing

 

Code of Civil Procedure Section

 

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.]

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

 

 

Code of Civil Procedure Section

 

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