- Subject to the provisions of Section 109, a Civil Court shall not entertain any application or suit concerning any matter which is, or has already been the subject of an application made, suit instituted, proceedings taken or correction made under Section 101 (both inclusive) :Provided that nothing contained in this section shall debar a Civil Court from entertaining a suit concerning any matter which-(a)was the subject-matter of an application under Section 101, or Section 102, or of a suit under Section 103, if such application or suit has been dismissed for default or withdrawn with or without liberty to make a fresh application or file a fresh suit as the case may be, or(b)has not been finally adjudicated upon in any such proceeding or suit.
