Saturday 28 July 2012

Constitutional Validity of Section 21A of Civil Procedure Code, 1908

Section 21A of Civil Procedure Code, 1908 says that 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. This new section has been inserted to bar a fresh suit to set aside a decree passed in a former suit on the ground of lack of territorial or pecuniary jurisdiction of the court.

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