Code of Civil Procedure

Introduction

• Section 21 of the Code of Civil Procedure, 1908 (CPC) deals with the objections to jurisdiction.
• The purpose of this section is to safeguard honest litigants and to prevent harassment of plaintiffs who have commenced actions in good faith before a court that is later determined to lack jurisdiction.

Section 21 of CPC

• Section 21 of CPC states that -
  • (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) 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.
• Under this Section, no objection as to the place of suing will be allowed by an appellate or revisional court unless the following three conditions are satisfied:
  • The objection was taken in the court of first instance.
  • It was taken at the earliest possible opportunity and in cases where issues are settled, at or before settlement of issues.
  • There has been a consequent failure of justice.
• The Supreme Court in the case of Pathumma v. Kuntalan kutty (1981), held that all these three conditions must co-exist.
• The principles of this Section also apply to execution proceedings.

Significance of Section 21 of CPC

• This Section serves the purpose of preserving judicial resources by preventing parties from taking inconsistent positions regarding jurisdiction.
• By requiring timely objections, the Section helps in avoiding unnecessary delays and promotes the efficient resolution of disputes.
• It aligns with the principles of fairness and equity in legal proceedings.
• It ensures that parties do not take advantage of the court's jurisdiction and then later attempt to challenge it, thereby maintaining the integrity of the legal system.
• The provision's recognition of exceptional circumstances provides the court with the flexibility which is needed to address unique situations where strict adherence to the rule may lead to injustice.

Case Laws

• In ONGC v. Utpal Kumar Basu (1994), the Supreme Court held that the reason behind having Section 21 in CPC is to guard the true litigants and also to protect them from any kind of harassment.
• In Pathumma v. Kuntalan kutty (1981), the Supreme Court held that Section 21 of CPC does not preclude objections as to the place of suing being taken in the appellate court, it the trial court has not decided the suit on merits.