Section 21A of the Code of Civil Procedure, 1908

Section 21A CPC bars a separate suit that seeks to challenge the validity of a decree solely on the ground that the earlier suit was instituted in the wrong place.

Legal text reviewed: September 6, 2026. Section 21A was inserted by the Code of Civil Procedure (Amendment) Act, 1976 and came into force on February 1, 1977.

Section 21A CPC

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.

In brief: A decree cannot be attacked through a fresh suit merely because of an objection to territorial venue or the place of suing. Such objections are governed by the CPC provisions dealing with jurisdictional objections and must be raised through the appropriate procedural route.

Amendment history

Section 21A was inserted by section 9 of the Code of Civil Procedure (Amendment) Act, 1976 and took effect on February 1, 1977.

Official reference: India Code - Official Legislative Portal. Search for "The Code of Civil Procedure, 1908" and refer to Section 21A. For litigation or professional use, also verify applicable State amendments and current judicial interpretation.