Divya (nil) 24 February 2014

Sect 21 cpc - raising objections inherent lack jurisdiction

Respected Experts,

Section 21 of CPC is used normally for raising objections on pecuniary & territorial jurisdiction issues...

Can I INVOKE Section 21 of CPC, 1908 & CPC amendment Act to file an OBJECTION PETITION u/s 21 of CPC for Court lacking Inherent jurisdiction in taking up the matter.

Please advise

Thankyou

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4 Replies

adv.raghavan (Advocate,9444674980) 25 February 2014

Yes it can be done, provided it has be taken as early as possible , before issues are framed, failing to do this will not be entertained at later stages.

Advocate Bhartesh goyal (advocate) 25 February 2014

Objection regarding jurisdiction and limtation should be raised in earliest stage of suit.

Divya (nil) 25 February 2014

thanku all

honestlitigant 31 October 2015

The jurisdiction of court can be challenged using Order VII Rule 11 of CPC as well. This is an independent remedy available irrespective of merits of the case.