AIR 1981 SUPREME COURT 1683 ::1981 (3) SCC 589 ::1981 UJ(SC) 594 ::(1982) 95 Mad LW 20

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): Anand Dev Koshal, V. Balakrishna Eradi, R. B. Misra , JJJ

Civil P.C. (5 of 1908) , S.21(3)— Objection to territorial jurisdiction of a court before court of appeal - Cannot be entertained in absence of evidence of failure of justice in consequence of trial in wrong court. S. A. No. 266 of 1968, D/- 3-4-1969 (Ker), Reversed. In order that an objection to the place of suing may be entertained by an appellate or revisional court, the fulfilment of the following three conditions is essential : (1) The objection was taken in the court of first instance. (2) It was taken at the earliest possible opportunity and in cases where issues are settled, at or before such settlement. (3) There has been a consequent failure of justice. All these three conditions must co-exist.(Para 3) Where the High Court upheld the objection to the territorial jurisdiction of a Court in appeal, the order of the High Court would be liable to be set aside even if the objection was raised at the proper time when the objector was unable to show that the trial in a wrong court had led to a failure of justice.