SECTION 21, 22 OF CODE OF CIVIL PROCEDURE 1908

What is Objections to jurisdiction? What is Power to transfer suits which may be instituted in more than one Court? Section 21 and 22 of Code of Civil Procedure 1908

Objections to jurisdiction and Power to transfer suits which may be instituted in more than one Court are defined under Section 21 and 22 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 21 of Code of Civil Procedure 1908 "Objections to jurisdiction"

1[(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 are settled at or before such settlement, and unless there has been a consequent failure of justice.

2[(2) No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction 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 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.]

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1. S. 21 renumbered as sub-section (1) by Act 104 of 1976, s. 8 (w.e.f. 1-2-1977).

2. Ins. by s. 8, ibid. (w.e.f. 1-2-1977).

Section 22 of Code of Civil Procedure 1908 "Power to transfer suits which may be instituted in more than one Court"

Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.