Cap. 12 Art. 790Where plea of nullityofjudgment may not be entertained.

Where before an appellate court the plea of nullity of a judgment appealed from is raised, such plea shall not be entertained if the judgment is found to be substantially just, unless such plea is founded on the want of jurisdiction or default of citation, or the incapacity of the parties, or on the judgment of the court of first instance being or or on any defect which extra petita ultra petita prejudices the right to a fair hearing.