Objections to jurisdiction

Code Of Civil Procedure, 1908 (CPC)

Section 21 - Objections to jurisdiction

[11][(1)] No objection as to the place of suing shall be allowed by any appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues or settled at or before such settlement, and unless there has been a consequent failure of justice. [12] [2) No objection as to the competence of a Court with reference to the ecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance a t the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice. (3) No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.] [13][21A. Bar on suit to set aside decree on objection as to place of suing— No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of t hem claim, litigating under the same title, on any ground based on an objection as to the place of suing. Explanation.—The expression "former suit" means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned].