CODE
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.
EXPLANATION
Section 21A CPC was inserted to stop parties from abusing technicalities related to territorial jurisdiction. Once a decree is passed in a former suit between the same parties or their successors, that decree cannot be challenged later in a separate suit merely on the ground that the original court lacked territorial jurisdiction.
This provision upholds judicial efficiency and finality of decrees by blocking frivolous challenges based on the “place of suing.” It works in harmony with Section 21 CPC, which mandates that such objections must be raised at the earliest stage and only succeed if there is a failure of justice.
Section 21A also defines the term “former suit” to cover any suit decided earlier in time, regardless of the order of institution.
ILLUSTRATION
Suppose Party A files a civil suit against Party B in Delhi, but as per territorial rules, the suit should have been filed in Jaipur. B participates in the case without raising objection and a decree is passed.
Later, B files a new suit in Jaipur court, arguing that the Delhi court lacked jurisdiction and thus the previous decree is invalid.
In this case, Section 21A bars the Jaipur suit. The decree passed in the Delhi suit stands valid, as B failed to object in time, and Section 21A disallows challenging it through a new suit.
COMMON QUESTIONS ASKED
Q1. Can I challenge a previous decree in a new suit on the ground of improper territorial jurisdiction?
No. Section 21A bars all such suits. Once a decree is passed, you cannot file a new suit claiming the original court lacked territorial jurisdiction.
Q2. What is meant by “former suit” in Section 21A?
It refers to the suit whose decision came earlier, regardless of when the case was filed.
Q3. Is this section applicable to objections regarding pecuniary or subject-matter jurisdiction?
No. Section 21A only applies to objections as to the place of suing (territorial jurisdiction), not pecuniary or subject-matter jurisdiction.
Q4. What if the objection to jurisdiction was not raised in the original suit?
According to Section 21 CPC, such objections must be raised at the earliest possible opportunity. If not raised timely and no failure of justice occurred, the objection cannot be taken later.
