Section 21: Objections to jurisdiction

Questions on this section

3 questions in 14 of our papers cite Section 21. Try these from the free papers:

1. 1. In Kiran Singh v. Chaman Paswan (1954), the Supreme Court explained the policy underlying Section 21 of the Code of Civil Procedure, 1908 and the corresponding provision of the Suits Valuation Act, 1887. According to that policy, where a case has been tried on the merits by a Court whose territorial jurisdiction, or pecuniary jurisdiction based on valuation, is later questioned, the decision:

   A.can be reversed only if the objection was first raised before the appellate CourtB.should not be reversed on that ground unless it caused a failure of justiceC.becomes immune from challenge only if both parties had consented to the jurisdictionD.must be set aside in appeal as a nullity, whether or not there was any prejudice
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2. 2. Consider the following statements regarding Section 21 of the Code of Civil Procedure, 1908: 1. Section 21 places no restriction on an appellate Court allowing an objection as to the pecuniary competence of the trial Court. 2. An objection as to the place of suing shall not be allowed by an appellate or revisional Court unless it was taken in the Court of first instance at the earliest possible opportunity (and, where issues are settled, at or before such settlement) and there has been a consequent failure of justice. 3. An objection as to the competence of the executing Court with reference to the local limits of its jurisdiction must have been taken in the executing Court at the earliest possible opportunity. Which of the statements given above is/are correct?

   A.2 onlyB.1, 2 and 3C.1 and 3 onlyD.2 and 3 only
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