1.
Introduction
The
concept of jurisdiction is very important in law because the courts get power
and tuthority to inquire into facts, apply the law and decide judgments only if
it has jurisdiction . One of the restrictions / limitations upon the jurisdiction
of the court is bar of territorial jurisdiction and a general rule the
decisions of the court which has no territorial jurisdiction are void but
section 21 of C.P.C provides an exception to this general rule which tells the
stage and time where the opposite party of the suit should take an objection to
the territorial jurisdiction.
2.
RELEVANT PROVISIONS
Following
is the relevant provisions of C.P.C regarding to the
concerned
topic
(I)
Section 21 of C.P.C
(II)
Cross Reference:
(i)
11 of Suit Valuation Act 1887
3.
MEANING OF TERRITORIAL JURISDICTION
(i)
According to Black's Law dictionary Meaning
"Territory
over which a government or a subdivision thereof or court has
jurisdiction".
(ii)
According to Halsbury Second Edition; Vol.8:
"By
jurisdiction is meant the authority which a court has to decide matters that
are litigated before it or to take cognizance of matters presented in a formal
way for its decision".
4.
REASONS FOR IMPORTANCE OF TERRITORIAL JURISDICTION
(i) To
know the circumstances of the case
(ii)
Convenience to the parties
(iii)
To collect evidence
(iv)
To execute decree against judgment debtor
5.
EFFECT OF TERRITORIAL JURISDICTION
(I)
General Rule
The
general rule of law' is that an order passed by a court not having jurisdiction
is nullity in the eyes of law.
Exceptions
to the general. Rule:
(I) Exception
under section 21 of C.P.C
(ii)
Exception under section 11 of Suit Valuation Act, 1887
6.
OBJECTIONS TO JURISDICTION UNDER SECTION 21 OF C.P.C.
(I)
Time For Raising Objections
The
objection to the territorial jurisdiction of the court must be taken at the earliest
possible opportunity and a decree passed by a court not having territorial
jurisdiction over the subject matter of the , suit will not be set aside if
objection to the jurisdiction of the court had not been raised at the earliest
possible opportunity. [2002 CLC 159]
(II)
Raising of Objections at Appellate or Revisional Stage:
(i)
General Rule:
According
to section 21 of C.P.C, objections as to the territorial jurisdiction of the
court cannot be raised at appellate or revisional stage.
(ii)
Exception
Objection
to the territorial jurisdiction can be allowed
to be raised in appeal or revision proceedings in the following
circumstances
(a)
Objection Raised in the Court of First Instance
• Where objection has been raised by
the party in the court of first instance at the earliest possible opportunity
and in all cases where issues, are settled at or before such settlement. [2003
SCMR 686].
• This raising objection before the
court o first instance which was in time, gives ,the party a right to
reasserted the same objection before the superior courts. But where party
raises an objection to the territorial jurisdiction before the court of first
instance at a late stage which is rejected by the coo then it bars the remedy
against such rejection.
• Where there is a failure of a
justice as a consequence of wrongful assumption of jurisdiction by the court
and this can be determine by the court by assessing the merits of the case.
7.
FAILURE OF RAISING OBJECTIONS ON TIME
Where
the party fails to raise an objection to the territorial jurisdiction on time
then it will deemed to have been waived such a right and the decision of the
court will be res Judicata by virtue of section 11 of C.P.C.
8.
PARTY WHO CAN RAISE AN OBJECTION
Only
defendant party to the suit can raise an objection to the territorial
jurisdiction of the court.
9.
SCOPE OF SECTION 21 OF CPC
Section
21 only talks about the territorial jurisdiction of the court and it does not
apply to the cases of want to pecuniary jurisdiction.
10.
Conclusion
To conclude
that territorial jurisdiction is a restriction / limitation upon the
jurisdiction of the court without territorial jurisdiction is void but for this
there must be an objection by the party to the jurisdiction of the court at the
earliest opportunity in the court of first instance and the objection at the
appellate or provisional stage is barred except in certain circumstances. Where
party fails to raise such an objection at the earliest opportunity than the
decisions of the court shall no the void. The section 21 of C.P.C is based on
principle of equity and the object is that the objections to territorial
jurisdiction should be raised in the form of preliminary objections in the
court of first instance.
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