Section 21 A commentary cpc PDF

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27/08/2021

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CODE OF CIVIL PROCEDURE, 1908 Section 21A - Bar on suit to set aside decree on objection as to place of suing

ANNOTATION Amendments The Code of Civil Procedure (Amendment) Act, 1976 inserted this section.

Effective Date of Amendments Code of Civil Procedure (Amendment) Act, 1976 w.e.f. 1st February, 1977

Case Cited 1. Sunita Bali v. Ashok Bali MANU/RH/0022/1987: AIR 1987 RAJ 79. COMMENTS This Section 21A is inserted by Code of Civil Procedure (Amendment) Act, 1976, to make it clear that no suit shall lie for setting aside a decree passed earlier on the ground of place of suing. Before this section was embodied in the Code, there was conflict of decisions between various High Courts. Apart from Section 21A, Section 11 also bars the fresh suit on the similar analogy. The Law Commission of India, in its 27th Report, recommended that the view of Madras and Bombay High Courts was correct as against Allahabad High Court and accordingly Parliament brought the requisite amendments in this regard. Sub-section (2) of Section 21A. Sub-section (2) further provides that in a case where Sub-section (1) applies, and if the petitions are presented to different district Courts, the petition presented later shall be transferred to the district Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district Court in which the earlier petition was presented. Sub-section (3) provides that in a case where Clause (b) of Sub-section (2) applies, the Court that would be competent to transfer the petition will be that Court which is empowered under the Code of Civil Procedure, 1908 to transfer any suit or proceeding from the district Court in which later petition has been presented to the district Court in which the earlier petition is pending (Sunita Bali v. Ashok Bali).1

The Code of Civil Procedure, 1908 By Anupam Srivastava © Manupatra Information Solutions Pvt. Ltd.

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