CPC Section 21A. — Baron suit to set aside decree on objection as to place of suing

Civil

Summary

A person cannot file a new lawsuit to challenge whether a previous court decision was valid, simply because that previous case was filed in the wrong place or location. This rule applies when the earlier case was between the same parties, or between people who claim under them, and involved the same legal issue. The term "former suit" means any case that was decided before the current case, no matter which one was filed first.

Official Text

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.