AIR 2005 SUPREME COURT 4446 ::2005 AIR SCW 5369 ::(2005) 2 CLR 688 (SC) ::2005 (2) CLR 688 ::2005 SCFBRC 543 ::(2005) 2 WLC(SC)CVL 686 ::(2006) 100 RevDec 27 ::2006 (1) Civ LJ 708 ::(2005) 3 CivilCourtC 711 ::2005 (7) SCC 791 ::(2005) 4 RecCivR 260 ::(2005) 7 Scale 533 ::2005 (4) CurCC 46 ::2006 (2) Cal HN 160 ::2005 (61) All LR 647 ::(2005) 3 CPJ 112 ::2006 (1) HRR 16 ::2006 (1) ICC 253 ::MANU/SC/710/2005 ::(2006) 2 Mad LW 85 ::(2005) 6 AndhLD 1 ::(2006) 3 JCR 222 (SC) ::(2005) 7 SCJ 616 ::(2006) 101 Cut LT 5 ::(2006) 1 LandLR 524 ::2005 (7) SLT 240 ::2005 (6) Supreme 634 ::(2005) 5 CTC 133 (SC) ::(2005) 3 CPR 51 ::(2005) 35 AllIndCas 88 (SC) ::2005 (35) AllIndCas 88 ::(2005) 8 JT 561 (SC) ::2005 (9) SRJ 589

Supreme Court Of India

(From : (2000) 85 D. L. T. 501)

Hon'ble Judge(s): Arijit Pasayat, C. K. Thakker , JJ

(A) Civil P.C. (5 of 1908) , S.16(d), S.16 Proviso, S.20— Contract Act (9 of 1872) , S.23— Territorial jurisdiction of Civil Court - Suit for specific performance of agreement relating to immoveable property - Property situated in Gurgaon (Haryana) - Defendants are having their Head Office at Delhi - Agreement was entered into between parties at Delhi - Payment was to be made at Delhi and some instalments were also paid at Delhi - Court at Haryana has jurisdiction to try suit - Fact that parties had agreed that Delhi Court alone had jurisdiction - Immaterial - Rather such a clause vesting jurisdiction in Delhi High Court which otherwise does not have jurisdiction to decide matter, is void as being against public policy. Specific Relief Act (47 of 1963) , S.15— (Para 16 17 18) (B) Civil P.C. (5 of 1908) , S.21— @page-SC4447Objection as to territorial jurisdiction of Court - Has to be taken at earliest possible opportunity and in any case at or before settlement of issues - Objection not taken at earliest cannot be allowed to be taken at subsequent stage. (Para 28) .....