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Asif Mulla   14 January 2020

objection jurisdiction of s. 21 cpc

whether objection to jurisdiction allow by appellate or revisional court ?
if yes, why?
if no, why?
please elaborate.


Learning

 6 Replies

Shashi Dhara   14 January 2020

It shud be strongly objected in trial court if not it cannot be objected in appellate or revisional court.
1 Like

Asif Mulla   14 January 2020

Unless there has been a consequent failure of justice
focus on this point.It is possible to allow on this point.

Shashi Dhara   15 January 2020

You may do it any orders may be passed then you can approach high court if dismissed.

P. Venu (Advocate)     16 January 2020

You have not posted the facts.

T. Kalaiselvan, Advocate (Advocate)     25 January 2020

The objection about the jurisdiction can be raised in the trial court, if the trial court is not entertaining this objection and if you are aggrieved over it then you can prefer an appeal provided the case is decided against you particularly on this point. 

minakshi bindhani   01 November 2021

As per your concerns!

Section 21 of the Civil Procedure Code, 1908 specifies that all objections to the jurisdiction of the court have to be filed in the trial court at the earliest possible opportunity. Sub Section (1) and (2) of Section 21 deal with the territorial and pecuniary jurisdictions of civil courts, respectively.

No appellate or revisional court would entertain any objection to the jurisdiction unless the objection is filed:

In the court of the first instance;

At the earliest possible time. In any case, the objection has to be filed before the settlement of the issue.

The appellate court may entertain objection only when serious prejudice happened due to the wrong jurisdiction.

It is expressly provided that in case no objection is raised at the earliest possible opportunity, the objection is deemed to have been waived.

I have laid down the link, that may find helpful about the topic

https://www-lawyersclubindia-com.cdn.ampproject.org/v/s/www.lawyersclubindia.com/amp/articles/objection-to-the-jurisdiction-of-civil-court-6935.asp?amp_gsa=1&_js_v=a6&usqp=mq331AQKKAFQArABIIACAw%3D%3D#amp_tf=From%20%251%24s&aoh=16357764357591&referrer=https%3A%2F%2Fwww.google.com&share=https%3A%2F%2Fwww.lawyersclubindia.com%2Farticles%2Fobjection-to-the-jurisdiction-of-civil-court-6935.asp

Hope it is helpful!
Regards
Minakshi Bindhani

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